Can a Buona franchisee claim rights as a third-party beneficiary under any contract between Buona and another entity?
Buona Franchise · 2025 FDDAnswer from 2025 FDD Document
- 13.6 No Liability to Others; No Other Beneficiaries**.** We will not, because of this Agreement or by virtue of any approvals, advice or services provided to you, be liable to any person or legal entity who is not a party to this Agreement, and no other party will have, or is intended to have, any rights because of this Agreement.
Source: Item 22 — CONTRACTS (FDD page 78)
What This Means (2025 FDD)
According to Buona's 2025 Franchise Disclosure Document, a franchisee does not have rights as a third-party beneficiary in contracts involving Buona. Specifically, the FDD states that Buona will not be liable to any person or legal entity who is not a party to the Franchise Agreement because of the agreement or any advice or services provided to the franchisee. Furthermore, no other party is intended to have any rights because of the Franchise Agreement. This means that the Franchise Agreement is strictly between Buona and the franchisee, and it does not extend rights to other parties.
This provision protects Buona from claims by third parties who might assert they were harmed or are owed something due to the franchise agreement. For example, if Buona contracts with a supplier, the franchisee cannot claim any rights or benefits under that supplier contract. This is a common clause in franchise agreements to limit liability and ensure that only the direct parties to the agreement can enforce its terms.
As a prospective franchisee, it is important to understand that your rights and obligations are defined solely by the Franchise Agreement you sign with Buona. You cannot rely on any other agreements Buona may have with other entities to claim additional rights or benefits. This limitation is designed to keep the contractual relationship clear and manageable for Buona.