Can the Boulder Designs agreement be altered or amended orally?
Boulder_Designs Franchise · 2025 FDDAnswer from 2025 FDD Document
Both parties acknowledge that each want all terms of the business relationship to be defined in this written agreement, and that neither party wants to enter into a business relationship with the other in which any terms or obligations are subject to any oral statements or in which oral statements serve as the basis for creating rights or obligations different than or supplementary to the rights and obligations as set forth in this Agreement. Therefore, both parties agree that this Agreement will supersede and cancel any prior and/or contemporaneous discussions between the Franchisor and the Franchisee. Each party agrees that neither party has placed nor will place any reliance on any such discussions. Franchisee agrees that no representations have been made to the Franchisee concerning this Agreement or the BOULDER DESIGNS franchise other than as contained in this Agreement and in the Franchise Disclosure Document Franchisee has received before the Franchisee signed this Agreement. Franchisee agrees that no claims,
representations, warranties, or guarantees, express or implied, regarding actual or potential earnings, sales, profits, or success of your BOULDER DESIGNS franchise have been made to the Franchisee other than as set forth in Item 19 of the FDD.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to Boulder Designs' 2025 Franchise Disclosure Document, the franchise agreement cannot be altered or amended orally. Section 22.16 of the agreement, titled "Disavowal of Oral Representations," explicitly states that both parties acknowledge the importance of having all terms of their business relationship defined in the written agreement.
Boulder Designs emphasizes that neither party intends to enter into a business relationship where terms or obligations are subject to oral statements. Oral statements should not serve as the basis for creating rights or obligations that differ from or supplement those outlined in the written agreement. This clause ensures that the written agreement supersedes and cancels any prior or contemporaneous discussions between Boulder Designs and the franchisee.
Furthermore, the franchisee agrees that no representations have been made regarding the Boulder Designs franchise, other than what is contained in the agreement and the Franchise Disclosure Document. The franchisee also acknowledges that no claims, representations, warranties, or guarantees regarding actual or potential earnings, sales, profits, or success have been made, except as set forth in Item 19 of the FDD. This provision aims to prevent misunderstandings or disputes based on verbal promises or representations not documented in the official franchise documents.