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Does the amendment to the Boulder Designs Franchise Agreement required by Washington apply to franchisees outside of Washington?

Boulder_Designs Franchise · 2025 FDD

Answer from 2025 FDD Document

4:

Section 27 of the Illinois Franchise Disclosure Act provides that causes of action under the Act must be brought within the earlier of: 3 years of the violation; 1 year after Franchisee becomes aware of the underlying facts or circumstances; or 90 days after delivery to Franchisee of a written notice disclosing the violation.

  1. The following sentence is added to the end of Section 23.2:

Section 41 of the Illinois Franchise Disclosure Act states that any condition, stipulation or provision purporting to bind any person acquiring any franchise to waive compliance with any provision of the Act is void.

Any capitalized terms that are not defined in this Amendment shall have the meaning given them in the Franchise Agreement.

Except as expressly modified by this Amendment, the Franchise Agreement remains unmodified and in full force and effect.

  1. No statement, questionnaire or acknowledgement signed or agreed to by a franchisee in connection with the commencement of the franchise relationship shall have the effect of: (i) waiving any claims under any applicable state franchise law, including fraud in the inducement, or (ii) disclaiming reliance on behalf of the Franchisor. This provision supersedes any other term of any document executed in connection with the franchise.

Boulder Designs® 1 IL Amendment 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 INDIANA

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. Renewal. Section 4.2. of the Franchise Agreement is amended by the addition of the following language:

Provided that you cannot be required to prospectively asset to a release, assignment, novation, waiver or estoppel which purports to relieve Franchisor from liability under Indiana Code 23-2-2.7.

  1. Authorized Products, Services and Suppliers. Section 13.1. of the Franchise Agreement is amended by the addition of the following language:

Notwithstanding anything to the contrary contained in this Agreement, Franchisor shall not require that you purchase any goods, supplies, inventories, or services exclusively from us or sources we designate where such goods, supplies, inventories, or services of comparable quality are available sources other than those we designate, provided that our publication of a list of approved suppliers of goods, supplies, inventories, or services or the requirement that such goods, supplies, inventories, or services comply with specifications and standards prescribed by us does not constitute designation of a source nor does our reasonable right to disapprove a supplier constitute a designation, and further provided that the above restriction on designation of sources does not apply to the principal goods, supplies, inventories, or services manufactured by or for us or trademarked by us.

  1. Transfer by Franchisee to a Third Party. Section 18.2.

Source: Item 22 — CONTRACTS (FDD page 50)

What This Means (2025 FDD)

Based on the 2025 Boulder Designs Franchise Disclosure Document, the franchisor includes state-specific amendments to the franchise agreement to comply with franchise laws in certain states. For example, the document includes an 'AMENDMENT TO THE FRANCHISE AGREEMENT REQUIRED BY THE STATE OF INDIANA' and details specific amendments required for North Dakota, addressing issues such as covenants restricting competition, payment of the Franchise Fee, governing law, and consent to jurisdiction.

These amendments directly address specific legal requirements within those states. The FDD does not contain a Washington-specific amendment. The FDD states that, with the exception of the explicit modifications outlined in the state-specific amendments, the original Franchise Agreement remains in full effect.

Therefore, franchisees outside of these states are generally not subject to these specific state amendments unless explicitly stated otherwise. However, Boulder Designs franchisees should consult with a legal professional to understand how franchise laws in their specific state or territory may affect their franchise agreement.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.