Is the Amendment to the Franchise Agreement for Boulder Designs entered into simultaneously with the execution of the 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 Amendment to the Boulder Designs Franchise Agreement is entered into simultaneously with the execution of the Franchise Agreement. This simultaneous execution is a standard legal practice to ensure that all parties are in agreement with the terms and conditions right from the start of the franchise relationship.
This means that the franchisee and Boulder Designs Franchising, LLC, as the franchisor, both sign the Amendment and the Franchise Agreement at the same time. This ensures that any modifications or additions outlined in the Amendment are effective from the very beginning of the franchise agreement.
The FDD includes multiple instances of this clause within the contracts section, reinforcing the importance of this simultaneous execution. Specifically, the IN WITNESS WHEREOF clauses in the Amendment to the Franchise Agreement for the states of Indiana and Hawaii state that the franchisee and franchisor have executed the Amendment to the Franchise Agreement simultaneously with the execution of the Franchise Agreement.