After the Buona franchise agreement is terminated, what actions must the franchisee take regarding telephone numbers and internet listings?
Buona Franchise · 2025 FDDAnswer from 2025 FDD Document
- (d) Franchisee acknowledges that all telephone numbers, facsimile numbers, telephone directory listings, e-mail addresses, social media accounts, websites, internet addresses, listings or other presence on the Internet (collectively "Identifiers") used in the operation of the Franchised Business constitute Franchisor's assets, and upon termination or expiration of this Agreement, Franchisee will take such action within five (5) days to assign to Franchisor or Franchisor's designee as determined by Franchisor, all of Franchisee's right, title and interest in and to such Identifiers and will notify the telephone company and all listing agencies, internet service providers, domain name registrars, social media platforms or networks of the termination or expiration of Franchisee's right to use any Identifiers, and to authorize a transfer of the same to Franchisor, or at Franchisor's direction, to its designee.
Further, Franchisee shall deliver to Franchisor any passwords or account manager access information for any Identifiers.
Franchisee acknowledges that Franchisor has the sole right to, and interest in, all Identifiers used by Franchisee to promote the Franchised Business and/or associated with the Marks.
Franchisee hereby irrevocably appoints Franchisor, with full power of substitution, as Franchisee's true and lawful attorney-in-fact, which appointment is coupled with an interest, to execute such directions and authorizations as may be necessary or prudent to accomplish the foregoing.
Franchisee further appoints Franchisor to direct the telephone company and all listing agencies, internet service providers, domain name registrars, social media platforms or networks or any other third parties having control over the Identifiers to transfer such Identifiers to Franchisor or Franchisor's designee.
The telephone company and all listing agencies, internet service providers, domain name registrars, social media platforms or networks or any other third parties having control over the Identifiers may accept such direction by Franchisor pursuant to this Agreement as conclusive evidence of Franchisor's rights to the Identifiers and Franchisor's authority to direct their transfer.
Source: Item 23 — RECEIPTS (FDD pages 78–356)
What This Means (2025 FDD)
According to Buona's 2025 Franchise Disclosure Document, after the termination or expiration of the franchise agreement, the franchisee must take specific actions regarding telephone numbers and internet listings. Buona considers all telephone numbers, facsimile numbers, telephone directory listings, e-mail addresses, social media accounts, websites, internet addresses, listings, or other internet presences used in the operation of the franchised business as Buona's assets. Within five days of termination or expiration, the franchisee must assign all rights and interests in these identifiers to Buona or its designee.
This includes notifying the telephone company, listing agencies, internet service providers, domain name registrars, and social media platforms about the termination or expiration of the franchisee's right to use these identifiers. The franchisee must authorize the transfer of these identifiers to Buona or its designee. Additionally, the franchisee is required to provide Buona with any passwords or account manager access information for any identifiers.
Buona retains the sole right to and interest in all identifiers used by the franchisee to promote the franchised business or associated with Buona's marks. Buona is also granted the power of attorney to execute directions and authorizations necessary to accomplish the transfer of these identifiers. Buona can direct third parties controlling the identifiers to transfer them, and these third parties may accept Buona's direction as conclusive evidence of Buona's rights to the identifiers and its authority to direct their transfer.
These stipulations ensure that Buona maintains control over its brand identity and online presence, preventing potential confusion or misuse of its identifiers after a franchise agreement ends. For a prospective franchisee, this means understanding that all online and telecommunication assets associated with the Buona business revert to Buona upon termination or expiration of the agreement, and prompt action is required to facilitate this transfer.