Does this agreement modify the Boulder Designs Franchise Agreement?
Boulder_Designs Franchise · 2025 FDDAnswer from 2025 FDD Document
| This Amendment to the Boulder Designs Franchise Agreement dated, 20 between | ||
|---|---|---|
| Boulder Designs Franchising, LLC, ("Franchisor") and | ||
| ("Franchisee") is entered into simultaneously with the execution of the Franchise Agreement. | ||
| 1. | Section 3.1 of the Franchise Agreement is amended to reflect that payment of Initial Franchise | |
| has commenced doing business. | Fees will be deferred until Franchisor has met its initial obligations to Franchisee, and Franchisee | |
| IN WITNESS WHEREOF, | Franchisee and Franchisor have executed this Amendment to the Franchise | |
| Agreement simultaneously with the execution of the Franchise Agreement. | ||
| FRANCHISOR: | FRANCHISEE: | |
| BOULDER DESIGNS | ||
| FRANCHISING, LLC | ||
| By: | By: | |
| Frank J. "Butch" Mogavero | Name/Title |
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to Boulder Designs' 2025 Franchise Disclosure Document, the franchise agreement can be modified through amendments. Specifically, the document includes an example of an amendment form that addresses modifications to Section 3.1 of the franchise agreement, which pertains to the payment of initial franchise fees. This amendment allows for the deferral of these fees until Boulder Designs Franchising, LLC has fulfilled its initial obligations to the franchisee.
This indicates that the standard Boulder Designs franchise agreement is not necessarily static and can be altered to accommodate specific circumstances or negotiations between the franchisor and franchisee. The presence of a pre-defined amendment form suggests that such modifications are not uncommon and are a recognized part of the franchising process.
For a prospective Boulder Designs franchisee, this means there may be some flexibility in the terms of the agreement, particularly concerning the initial financial obligations. However, any modifications must be formally documented through a written amendment executed simultaneously with the franchise agreement to be considered valid and enforceable.