If Buona develops a Software Program, is the franchisee obligated to implement it into their Franchised Business?
Buona Franchise · 2025 FDDAnswer from 2025 FDD Document
- (b) If Franchisor develops and custom designs a software program and hardware system for conducting accounting, inventory, point-of-sale or marketing functions and/or other activities related to the Franchised Business (hereinafter "Software Program"), Franchisee agrees to implement the Software Program into the Franchised Business, and to comply with all specifications and standards prescribed by Franchisor regarding the Software Program as provided from time to time in the Manuals.
At such time as Franchisor requires the implementation of such Software Program, Franchisee shall only utilize the Software Program as prescribed by Franchisor.
Source: Item 22 — CONTRACTS (FDD page 78)
What This Means (2025 FDD)
According to Buona's 2025 Franchise Disclosure Document, if Buona develops a software program for accounting, inventory, point-of-sale, marketing, or other activities related to the franchised business, the franchisee is required to implement it. This software program will be custom-designed by Buona. The franchisee must comply with all specifications and standards that Buona prescribes regarding the software, as provided in the manuals.
Buona requires that franchisees only use the software program as prescribed by them once they mandate its implementation. This ensures uniformity and standardization across all Buona franchise locations, allowing for better data collection, analysis, and overall system management.
For a prospective franchisee, this means they must be prepared to adopt any new software programs that Buona introduces and to adhere to Buona's standards for its use. Failure to do so could result in a breach of the franchise agreement. It is important to factor in potential costs and training associated with new software implementations when evaluating the franchise opportunity.