What actions can Boulder Designs Franchising, LLC take on the premises to protect the Boulder Designs system and marks?
Boulder_Designs Franchise · 2025 FDDAnswer from 2025 FDD Document
- (g) Franchisor shall have the right to enter the Premises to make any modification or alteration necessary to protect the Boulder Designs Franchising, LLC System and Marks (including, without limitation, remove all signs, advertising materials, displays, fixtures, proprietary equipment and inventory, and any other items which display the Marks or are indicative of Boulder Designs Franchising, LLC trade dress) or to cure any default under the Franchise Agreement or under the Lease, without being guilty of trespass or any other crime or tort.
Landlord shall not be responsible for any expenses or damages arising from any such action by Franchisor.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to Boulder Designs' 2025 Franchise Disclosure Document, Boulder Designs Franchising, LLC has specific rights regarding the premises of a franchise location to protect its system and marks. Boulder Designs has the right to enter the premises to make modifications or alterations deemed necessary to protect the Boulder Designs system and marks. This includes the ability to remove signs, advertising materials, displays, fixtures, proprietary equipment, inventory, and any other items displaying the marks or indicative of Boulder Designs' trade dress.
This right extends to actions necessary to cure any default under the Franchise Agreement or the lease agreement. However, the landlord is not held responsible for any expenses or damages resulting from these actions taken by Boulder Designs.
This clause ensures that Boulder Designs maintains control over its brand representation and operational standards, even to the extent of intervening directly in the physical setup of a franchise location. It also protects Boulder Designs' interests in cases where a franchisee is not meeting their obligations under the franchise agreement or lease.