What information regarding Identifiers must a Buona franchisee deliver to Buona upon termination or expiration of the 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.
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 22 — CONTRACTS (FDD page 78)
What This Means (2025 FDD)
According to Buona's 2025 Franchise Disclosure Document, upon termination or expiration of the Franchise Agreement, a franchisee must take specific actions regarding identifiers used for the franchised business. These identifiers, which include telephone numbers, fax numbers, directory listings, email addresses, social media accounts, websites, and internet addresses, are considered Buona's assets.
Within five days of termination or expiration, the franchisee is required to assign all rights and interests in these identifiers to Buona or its designee. The franchisee must also notify the telephone company, listing agencies, internet service providers, domain name registrars, and social media platforms about the termination or expiration of their right to use these identifiers, authorizing the transfer to Buona or its designee.
Furthermore, the franchisee must provide Buona with any passwords or account manager access information for these identifiers. This ensures that Buona maintains control and access to all online and communication channels associated with the brand, preventing any disruption or misuse of these assets after the franchise agreement ends. Buona also has the right to appoint an attorney to execute directions and authorizations to accomplish the transfer of identifiers.