factual

Following termination or expiration of the Buona franchise agreement, is a franchisee allowed to represent to the public that their restaurant is or was a Buona Business?

Buona Franchise · 2025 FDD

Answer from 2025 FDD Document

Upon termination or expiration of this Agreement, all rights granted to Franchisee under this Agreement will immediately terminate, Franchisee shall cease to be a licensed franchisee of Franchisor, and:

  • (a) Franchisee shall immediately cease to operate the Franchised Business as an Buona Business, and shall not thereafter, directly or indirectly, represent to the public that the restaurant is or was a Buona Business;

  • (b) Franchisee shall immediately and permanently cease to use, by advertising or in any manner whatsoever, any menus, recipes, confidential formulae, equipment, methods, procedures, techniques associated with the System, the Marks, and Franchisor's other trade names, trademarks and service marks associated with the System.

In particular, and without limitation, Franchisee shall cease to use all signs, menus, advertising and promotional materials, stationery, forms, packaging, containers and any other articles which display the Marks;

Source: Item 23 — RECEIPTS (FDD pages 78–356)

What This Means (2025 FDD)

According to the 2025 Buona Franchise Disclosure Document, after the franchise agreement terminates or expires, a franchisee must stop operating as a Buona business and cannot represent to the public that their restaurant is or was a Buona business. This means the franchisee must immediately cease all operations that identify the business as a Buona franchise.

Specifically, the franchisee must discontinue using any materials associated with the Buona system, including menus, recipes, and confidential formulas. They are also prohibited from using Buona's trade names, trademarks, and service marks in any form of advertising or promotion. This extends to all signs, menus, promotional materials, stationery, forms, packaging, and containers that display the Buona marks.

This restriction is typical in franchising to protect the brand's integrity and prevent consumer confusion. By ensuring that former franchisees do not continue to represent themselves as part of the Buona system, Buona maintains control over its brand standards and reputation. This is crucial for upholding the quality and consistency that customers expect from a Buona business.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.