What is the consequence of operating a Buona franchise without written consent from the franchisor?

According to Buona's 2025 Franchise Disclosure Document, operating outside the bounds of the franchise agreement without prior written consent from Buona can lead to trademark infringement. Specifically, the use of Buona's trademarks outside the scope of the agreement, without their explicit written consent, constitutes an infringement of their exclusive rights to those marks.

This means a franchisee cannot use the "Buona" name or associated logos in any manner that isn't directly related to the operation of their franchised business at the approved location, as defined in Exhibit A of the franchise agreement. This restriction extends to various aspects of the business, including the business's legal name, trade names, and any advertising or promotional materials. Franchisees must always identify themselves as independent licensees or franchisees of the Buona system.

Furthermore, Buona retains control over the brand's digital presence. Franchisees are prohibited from establishing websites or social media accounts that incorporate Buona's marks without prior written authorization. Buona maintains the sole right to manage the brand's website, social media postings, and digital marketing efforts, ensuring consistent brand messaging and quality control. Franchisees can only participate in social media content creation in accordance with Buona's guidelines and are subject to Buona's right to alter or delete their postings.

In essence, any deviation from the approved use of Buona's trademarks or operational systems without written consent can result in legal repercussions for trademark infringement. This underscores the importance of adhering strictly to the franchise agreement and seeking explicit approval from Buona for any activities that fall outside the defined scope of the franchise.