According to Buona, what constitutes the 'Manuals' that franchisees must adhere to?
Buona Franchise · 2025 FDDAnswer from 2025 FDD Document
new Franchised Business, Franchisee shall be liable to Franchisor for Liquidated Damages as provided herein.
VII. CONFIDENTIAL OPERATIONS STANDARDS MANUAL
7.1 Compliance With Confidential Operations Standards Manuals. In order to protect the reputation and goodwill of Franchisor and the System and to maintain uniform standards of operation under the System and the Marks, Franchisee shall conduct the Franchised Business in accordance with the Confidential Franchise Operations Manual developed by each Franchisor (together with any other manuals and written materials created or approved for use in the operation of the Franchised Business granted herein, and all amendments and updates thereto, collectively the "Manuals"), which contains the standards, specifications, procedures and techniques of the System. The Manual may exist in multiple parts, be in various locations and formats and may include a combination of audio, video, written materials, electronic media, website content and/or software components. The Manual may include but is not limited to a Restaurant Operations Manual, a Policies and Procedures Manual and Recipe Manual. The Manuals shall remain the sole property of Franchisor and must be returned to Franchisor at Franchisor's direction. Franchisee, and its Principals acknowledge that the contents of the Manuals and Franchisee's knowledge of Franchisor's processes, services, products, know-how and the System, are secret, unique, and confidential and contain trade secrets and other material proprietary to Franchisor. Franchisee acknowledges that its entire knowledge of the operation of the Franchised Business is and shall be derived from information disclosed to Franchisee by Franchisor and that certain of the information is proprietary, confidential and a Trade Secret of Franchisor. "Trade Secrets" refers to the whole or any portion of know-how, knowledge, methods, specifications, processes, procedures or improvements regarding the Franchised Business or the System that is valuable and secret in the sense that it is not generally known to competitors of Franchised Businesses. Franchisee shall maintain the absolute confidentiality of all Trade Secrets during and after the Term, and shall not use any such information in any other business or in any manner not specifically authorized or approved in writing by Franchisor. Franchisee agrees not to disclose the contents of the Manuals to unauthorized persons and to use Franchisee's best efforts to prevent unauthorized disclosure to any person, as this disclosure would cause irreparable harm to Franchisor and the System. Franchisee understands that the Manuals is loaned to Franchisee, and that at all times, the Manuals remains the sole property of Franchisor. The Manuals may be provided in printed or electronic form and Franchisee agrees to return any printed copies of the Manuals t o Franchisor or destroy any files containing the Manuals upon the termination of this Agreement or at times as may otherwise be directed by Franchisor. Franchisee shall not copy or otherwise duplicate the Manuals or any other proprietary materials without Franchisor's consent.
Source: Item 22 — CONTRACTS (FDD page 78)
What This Means (2025 FDD)
According to Buona's 2025 Franchise Disclosure Document, the 'Manuals' consist of the Confidential Franchise Operations Manual, along with any other written materials created or approved for use in the operation of the franchised business, including all amendments and updates. These manuals contain the standards, specifications, procedures, and techniques of the Buona system.
The manuals may exist in multiple parts, locations, and formats, including audio, video, written materials, electronic media, website content, and software components. Buona specifies that the Manual may include, but is not limited to, a Restaurant Operations Manual, a Policies and Procedures Manual, and a Recipe Manual.
Buona retains sole ownership of the Manuals, and franchisees must return them at Buona's direction. The contents of the Manuals and the franchisee's knowledge of Buona's processes, services, products, and know-how are considered secret, unique, confidential, and contain trade secrets. Franchisees must maintain absolute confidentiality of these trade secrets during and after the term of the agreement and cannot use this information in any other business without written authorization from Buona. Franchisees are also prohibited from copying or duplicating the Manuals without consent.