As a Buona franchisee, is it required that I present myself to the public as an independent contractor?
Buona Franchise · 2025 FDDAnswer from 2025 FDD Document
- 19.1 Independent Contractor. This Agreement does not establish Franchisee as an agent, legal representative, joint venturer, partner, joint employer, employee or servant of Franchisor for any purpose whatsoever, and Franchisor shall not be construed to be jointly liable for any of Franchisee's or its employees' acts or omissions under any circumstances. Franchisee is solely responsible for the dayto-day operation of the Franchised Business. It is understood and agreed that Franchisee is an independent contractor and is in no way authorized to make any contract, agreement, warranty, or representation on behalf of Franchisor. The parties further agree that this Agreement does not create any fiduciary relationship between them. During the Term and any extension hereof, Franchisee agrees to take such action as Franchisor deems reasonably necessary for Franchisee to inform and hold itself out to the public, its employees and suppliers as an independent contractor operating the Franchised Business pursuant to a franchise from Franchisor. Franchisee shall prominently display, by posting of a sign within public view on or in the premises of the Franchised Business, and on any stationery, forms and promotional material a statement that clearly indicates that the Franchised Business is independently owned and operated by Franchisee as a franchisee of Franchisor.
Source: Item 22 — CONTRACTS (FDD page 78)
What This Means (2025 FDD)
According to Buona's 2025 Franchise Disclosure Document, you are required to present yourself to the public as an independent contractor. Buona's agreement explicitly states that the franchise agreement does not establish you as an agent, legal representative, joint venturer, partner, joint employer, employee, or servant of Buona for any purpose. Therefore, Buona will not be held jointly liable for any of your or your employees' actions or omissions. As the franchisee, you are responsible for the daily operations of the franchised business.
To ensure clarity, you must inform and present yourself to the public, your employees, and suppliers as an independent contractor operating the franchised business under a franchise agreement with Buona. This includes prominently displaying a sign within public view on the premises of the franchised business and on any stationery, forms, and promotional material. The statement must clearly indicate that the business is independently owned and operated by you as a franchisee of Buona.
This requirement is typical in franchising, as it protects the franchisor from liabilities arising from the franchisee's operations. It also reinforces that the franchisee is an independent business owner, responsible for their own business decisions and operations, while still operating under the Buona brand and system. This independence allows you to manage your business according to the franchisor's standards and guidelines, while also taking responsibility for your business's success and compliance with local laws and regulations.