After termination or expiration of the Buona franchise agreement, how many days does the franchisee have to provide proof to Buona Franchisor that they have notified their suppliers, utilities, landlords, and creditors of their disaffiliation?
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)
The 2025 Buona Franchise Disclosure Document states that upon termination or expiration of the franchise agreement, the franchisee must take action within five (5) days to assign to Buona or Buona's designee all rights, titles, and interests in identifiers used in the operation of the franchised business. These identifiers include telephone numbers, facsimile numbers, telephone directory listings, e-mail addresses, social media accounts, websites, internet addresses, listings, or other presence on the Internet. The franchisee must also notify the telephone company and all listing agencies, internet service providers, domain name registrars, and social media platforms or networks of the termination or expiration of the franchisee's right to use any identifiers and authorize a transfer of the same to Buona or its designee.
Furthermore, the franchisee is required to deliver to Buona any passwords or account manager access information for any identifiers. This obligation is designed to ensure that Buona maintains control over the online presence and contact information associated with the brand, even after a franchise agreement ends. This swift transfer of digital assets is crucial for Buona to maintain a consistent brand identity and prevent any potential confusion among customers.
However, the Buona FDD does not specify a timeframe for providing proof of notification to suppliers, utilities, landlords, and creditors regarding disaffiliation. A prospective franchisee should seek clarification from Buona regarding the specific requirements and deadlines for notifying these parties to ensure full compliance with the post-termination obligations.