Under what specific condition *can* a Buona franchisee claim rights or benefits under a contract between Buona and another entity?
Buona Franchise · 2025 FDDAnswer from 2025 FDD Document
The parties intend to confer no benefit or right on any person or entity not a party to this Agreement and no third parties shall have any right or claims, benefit, or right as a third party beneficiary under this Agreement or any provision hereof.
Similarly, Franchisee is not entitled to claim any rights or benefits including those of a third party beneficiary, under any contract, understanding or agreement between Franchisor and any other person or entities, unless that contract, understanding or agreement specifically refers to Franchisee by name or to a class which Franchisee belongs and specifically grants rights or benefits to Franchisee or to the concerned class.
Source: Item 22 — CONTRACTS (FDD page 78)
What This Means (2025 FDD)
According to Buona's 2025 Franchise Disclosure Document, a franchisee is generally not entitled to claim any rights or benefits from contracts between Buona and other entities. This is because Buona intends to confer no benefit or right on any person or entity not a party to the Franchise Agreement, ensuring no third parties have rights or claims as third-party beneficiaries.
However, there is an exception to this rule. A Buona franchisee can claim rights or benefits under a contract, understanding, or agreement between Buona and another person or entity if that specific contract, understanding, or agreement explicitly refers to the franchisee by name. Alternatively, the franchisee can claim rights if they belong to a class of entities specifically granted rights or benefits within that contract.
This condition ensures that only franchisees who are directly and intentionally included in separate agreements between Buona and other parties can claim any benefits from those agreements. This protects Buona from unintended obligations to franchisees based on external contracts, while still allowing for the possibility of extending specific benefits to franchisees through such agreements when explicitly stated.