Which article in the Boulder Designs franchise agreement covers dispute resolution?
Boulder_Designs Franchise · 2025 FDDAnswer from 2025 FDD Document
ARTICLE 23 - DISPUTE RESOLUTION
Section 23.1 Choice of Law
Source: Item 9 — FRANCHISEE'S OBLIGATIONS (FDD pages 22–23)
What This Means (2025 FDD)
According to Boulder Designs' 2025 Franchise Disclosure Document, Article 23 of the franchise agreement outlines the procedures for dispute resolution. Specifically, Section 23.1 addresses the choice of law governing any disputes.
An amendment to Article 23 states that if litigation is required to be conducted in a forum outside of Indiana, this requirement may be unenforceable under Indiana law. Furthermore, the choice of law for any action brought under the agreement will be subject to the provisions of Indiana's Franchise Acts. Franchisees are permitted to bring actions arising under IC 23-2-2.5 within three years from the date of violation, according to IC 23-2-2.7-1(10). The franchisee cannot be required to recognize the adequacy or inadequacy of any remedy, and the waiver or release of any rights related to the agreement is prohibited under IC 23-2-2.7-1(5).
Additionally, the Guaranty and Assumption of Obligations document states that the provisions contained in Article 23 of the Franchise Agreement will apply to any dispute arising out of or relating to this Guaranty. This means that any disputes related to the guarantor's obligations will also be subject to the dispute resolution process outlined in Article 23.