What does Boulder Designs acknowledge regarding the Franchisor's copyrights in the Manual and website?
Boulder_Designs Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisor claims common law rights, copyright protection and trade dress for the Manual, guidelines, photographs, product names, signage, promotional materials, training materials, this Agreement and any other documents, materials and items for the general ambiance and decor used in the operation of the System and the BOULDER DESIGNS Businesses. All information is proprietary and this Agreement requires Franchisee to keep such information confidential. Franchisee agrees not to contest, directly or indirectly, Franchisor's ownership, title, right or interest in Franchisor's common law rights, copyrights, trade dress, Trade Secrets, Confidential Information, the System, methods, procedures or any other intellectual property rights that are part of Franchisor's System or contest Franchisor's sole right to register, use or license others to use, except as limited by this Agreement, the common law rights, copyrights, trade dress, Trade Secrets, Confidential Information, System, methods, procedures or any other intellectual property rights that are a part of Franchisor's System.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to Boulder Designs' 2025 Franchise Disclosure Document, the franchisor asserts common law rights, copyright protection, and trade dress for various items. These include the Manual, guidelines, photographs, product names, signage, promotional materials, training materials, the Franchise Agreement itself, and any other documents, materials, and items contributing to the general ambiance and decor used in the operation of the Boulder Designs System and Businesses.
Boulder Designs considers all of this information proprietary, and the Franchise Agreement requires franchisees to maintain its confidentiality. Franchisees must not contest the franchisor's ownership, title, right, or interest in these common law rights, copyrights, trade dress, Trade Secrets, Confidential Information, the System, methods, procedures, or any other intellectual property rights associated with the Boulder Designs System.
Furthermore, franchisees are prohibited from contesting the franchisor's exclusive right to register, use, or license others to use these elements, except as explicitly limited by the Franchise Agreement. This provision underscores the importance Boulder Designs places on protecting its brand identity and operational methods, and it highlights the franchisee's obligation to respect and uphold these protections.