What are 'Identifiers' in the context of a terminated Buona franchise agreement?
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.
Source: Item 23 — RECEIPTS (FDD pages 78–356)
What This Means (2025 FDD)
According to Buona's 2025 Franchise Disclosure Document, 'Identifiers' encompass various online and telecommunication assets used to operate the franchised business. These include telephone numbers, facsimile numbers, telephone directory listings, email addresses, social media accounts, websites, internet addresses, and any other online presence. Upon termination or expiration of the franchise agreement, these identifiers are considered Buona's assets.
Within five days of the agreement's termination or expiration, the franchisee must take action to 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 of the termination and authorizing the transfer of the identifiers to Buona. The franchisee is also required to provide Buona with any passwords or account manager access information for these identifiers.
Buona retains the sole right and interest in all identifiers used by the franchisee to promote the franchised business or associated with the brand's trademarks. This ensures that upon termination, Buona can maintain control over its brand identity and online presence, preventing potential confusion or misuse by the former franchisee. This is a fairly standard practice in franchising, as it protects the brand's established presence and goodwill.