What efforts must a Buona franchisee make to prevent employees from using the System?
Buona Franchise · 2025 FDDAnswer from 2025 FDD Document
You must use your best efforts to prevent any employee from using the System and any of the Marks, or from operating a restaurant that is substantially similar to a Buona Business.
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 50–51)
What This Means (2025 FDD)
According to Buona's 2025 Franchise Disclosure Document, franchisees must use their best efforts to prevent employees from using the Buona System or Marks, or from operating a restaurant substantially similar to a Buona Business. The Buona System includes standards, specifications, management systems, recipes, menus, techniques, financial information, and business operations and procedures. Buona considers this information to be trade secrets and proprietary information.
This obligation means a Buona franchisee must actively take steps to ensure employees do not misuse or disseminate confidential information related to the Buona business model. This could include training employees on the confidential nature of the System, implementing security measures to protect proprietary information, and enforcing policies that prevent employees from using the System outside of their job duties at the franchise.
For a prospective franchisee, this highlights the importance of maintaining strict confidentiality and control over the Buona System. Failure to adequately protect this information could lead to competitive disadvantage and potential legal repercussions. Franchisees should consult with legal counsel to develop appropriate policies and procedures to safeguard Buona's trade secrets and proprietary information.