Why is the amendment being executed for a Boulder Designs franchise according to the FDD?
Boulder_Designs Franchise · 2025 FDDAnswer from 2025 FDD Document
or or its personnel or agents.
- (c) Reliance by a franchisee on the franchise disclosure document, including any exhibit thereto.
- (d) Violations of any provision of this division.
Boulder Designs® 1 Exhibit 9 Franchise Agreement | 2025
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
Chief Executive Officer
AMENDMENT TO THE FRANCHISE AGREEMENT REQUIRED BY THE STATE OF HAWAII
| 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 |
Chief Executive Officer
AMENDMENT TO THE FRANCHISE AGREEMENT REQUIRED BY THE STATE OF ILLINOIS
| 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. |
-
- The provisions of this Amendment form an integral part of, and are incorporated into, the Franchise Agreement.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to the 2025 Boulder Designs Franchise Disclosure Document, the amendment to the franchise agreement is executed simultaneously with the franchise agreement. Several amendments are required based on the state where the franchise will operate.
For example, one amendment addresses the payment of initial franchise fees, specifying that payment will be deferred until Boulder Designs meets its initial obligations to the franchisee. This suggests that the standard franchise agreement might call for upfront payment of fees, but this amendment adjusts the terms.
Additionally, amendments may address specific state requirements. For instance, there are amendments required by the states of Indiana and Hawaii. The Hawaii amendment includes deleting Article 24 and removing Exhibit 5 from the franchise agreement, as well as stating that certain disclaimers or denials regarding representations made by Boulder Designs are against public policy and unenforceable. These amendments ensure that the Boulder Designs franchise agreement complies with specific state laws, providing additional protections or clarifications for franchisees in those states.