Under the Buona agreement, what must a developer do if requested to provide copies of non-disclosure or non-competition agreements?
Buona Franchise · 2025 FDDAnswer from 2025 FDD Document
You acknowledge and agree that the Confidential Information belongs to us and our affiliate, is proprietary information, and may contain trade secrets belonging to us and our affiliate and is disclosed to you or authorized for your use solely on the condition that you agree, and you therefore do agree herein, that you: (1) will not use the Confidential Information during and after the term of this Agreement in any other business or capacity; (2) will maintain the absolute confidentiality of the Confidential Information during and after the term of this Agreement; (3) will not make unauthorized copies of any portion of the Confidential Information disclosed in written form; and (4) will adopt and implement all reasonable procedures we may prescribe from time to time to prevent unauthorized use or disclosure of the Confidential Information, including restrictions on disclosure to your employees and the use of non-disclosure and/or non-competition agreements we may prescribe for your employees who have access to the Confidential Information.
Upon our request, you must provide us with copies of signed non-disclosure and/or noncompetition agreements signed by any Owners, managers or employees.
Source: Item 22 — CONTRACTS (FDD page 78)
What This Means (2025 FDD)
According to Buona's 2025 Franchise Disclosure Document, if requested by Buona, a developer must provide copies of signed non-disclosure and/or non-competition agreements. These agreements must be signed by any owners, managers, or employees of the Buona franchise.
This requirement ensures that Buona can verify that all individuals with access to confidential information have legally committed to protecting it. It also allows Buona to enforce these agreements directly if necessary, maintaining the confidentiality of their proprietary information and protecting their competitive advantage.
For a prospective Buona franchisee, this means they need to implement and maintain proper documentation of non-disclosure and non-competition agreements with their personnel. They should also be prepared to promptly provide these documents to Buona upon request. Failure to comply with this requirement could potentially lead to a breach of the franchise agreement.