Can Buona restrict the area within which delivery and catering services may be offered?
Buona Franchise · 2025 FDDAnswer from 2025 FDD Document
You will offer third party delivery services (unless third party services are not currently available in your market) and catering services to your customers. We will establish guidelines and standards for delivery and catering services, including restricting the area within which these services may be offered. In addition, if you fail to maintain our then current operational standards and specifications for such services or if you are in default of your franchise agreement, we have the right to require you to cease offering the delivery and/or catering services.
You may not sell products through other channels of distribution such as wholesale, internet or mail order sales. Otherwise, except as provided in Item 12, we place no restrictions upon your ability to serve customers and we do not impose any restrictions limiting your access to customers.
Source: Item 16 — RESTRICTIONS ON WHAT THE FRANCHISEE MAY SELL (FDD page 52)
What This Means (2025 FDD)
According to Buona's 2025 Franchise Disclosure Document, Buona can establish guidelines and standards for delivery and catering services, including restricting the area within which these services may be offered. The permitted area for delivery and catering services is not necessarily the same as the Protected Area. Buona also has the right to revoke a franchisee's right to offer and sell catering services if the franchisee does not maintain Buona's standards, specifications, and procedures for catering, fails to comply with health and safety requirements, or if offering catering services has an adverse impact on the operation of the franchised business.
Buona franchisees are required to offer catering services to customers and must comply with all applicable health, sanitation, food handling, and food transportation requirements. Franchisees must also purchase and maintain the vehicles, equipment, and supplies necessary to offer catering services in compliance with Buona's standards. Franchisees must restrict catering activities to the geographic area that Buona designates, which may differ from the franchisee's protected area and may be adjusted by Buona at its discretion.
Franchisees are also required to offer delivery services through third-party delivery services unless such services are unavailable in their market. Franchisees must inform Buona in writing of the name of any third-party delivery service they use within seven days of first selling menu items through that service and provide Buona with access.