Is the Amendment to the Franchise Agreement for Boulder Designs a separate document from the Franchise Agreement?
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. |
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 excerpts from Item 22 state that the amendment is entered into at the same time as the franchise agreement.
Specifically, the FDD includes the statement that the Amendment is signed at the same time as the Franchise Agreement. This suggests that while it is a separate document, it is intended to be part of the overall agreement from the outset. The Amendment modifies specific sections of the Franchise Agreement, and the Franchise Agreement remains in full effect except as modified by the Amendment.
For a prospective Boulder Designs franchisee, this means understanding both documents is crucial. The franchisee should carefully review the original Franchise Agreement and any Amendments to fully understand their rights and obligations. The simultaneous execution underscores the importance of considering both documents as a unified contract.