What article in the Boulder Designs Franchise Agreement covers the topic of advertising and promotional activities for Boulder Designs franchisees?
Boulder_Designs Franchise · 2025 FDDAnswer from 2025 FDD Document
y requirements or issuing credit card companies. Franchisee shall at all times comply with all payment card industry data security standards laws and regulations including any laws applicable to abandoned property and escheat and shall hold Franchisor harmless from any and all claims and liabilities.
Section 13.11 Best Efforts
Franchisee shall use its best efforts to promote and increase the sales and recognition of services offered through the Franchised Business. Franchisee shall require all of Franchisee's independent contractors, employees, Internal Managers, officers, agents and representatives to use best efforts to enhance and
improve the System and the sales of all services and products provided as part of the System. Best efforts are defined as set forth in Section 2.6 hereof. Franchisor will have the sole discretion to issue a Notice of Termination with 60 days right to cure or in the alternative, Franchisee may lose territorial exclusivity.
Franchisee is encouraged to submit suggestions, in writing, to Franchisor for improving elements of the system, including products, services, equipment, service format, advertising and any other relevant matters, that Franchisor considers adopting or modifying standards, specifications and procedures for the system. Franchisee agrees that any suggestions made are Franchisor's exclusive property. Franchisor has no obligation to use any suggestions. If any suggestion is implemented by Franchisor, said suggestion will become part of the system and no compensation is owed to Franchisee. Franchisee may not use any suggestions inconsistent with Franchisee's obligations under this agreement without our written consent.
Franchisee shall operate the Franchised Business so that it is clearly identified and advertised as a "Boulder Designs" business. Franchisee shall use the trademark "BOULDER DESIGNS" and the other Marks which now or hereafter may form a part of the System, on all signs, paper supplies, business cards, uniforms, advertising materials, technology platforms, signs and other articles in the identical combination and manner as the Franchisor may prescribe in writing and the Franchisee shall supply to the Franchisorsamples or photographs of the same upon Franchisor's request. Franchisee shall comply with all trademark, trade name, service mark and copyright notice marking requirements and Franchisee shall supply to the Franchisor samples or photographs of the same upon our request.
Section 13.12 Reserved
Section 13.13 Former Franchisees
Franchisee acknowledges that Former Franchisees are in a position to compete unfairly with Franchisor, Franchisee and/or other members of the System, and cause great injury to the reputation of the System and/or the Proprietary Marks. Franchisee therefore agrees as follows:
- i. Franchisee will not sell, loan, give or otherwise transfer or deliver to any Former Franchisee, or allow any Former Franchisee to copy or otherwise obtain, any confidential business information about the System; any advertising or promotional materials produced by Franchisor or which bear any of the Proprietary Marks; any other of our materials or publications, including, without limitation, the Manual; any directory or roster of franchisees or Approved Suppliers, any other customer lists or mailing lists pertaining in any way to the System; or any other information about the Boulder Designs Business or the System which is not available to the public;
- ii. Franchisee will not refer prospective Customers to any Former Franchisee;
- iii.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to Boulder Designs' 2025 Franchise Disclosure Document, the franchise agreement outlines several key aspects of advertising and promotional activities for franchisees. While a specific article dedicated solely to advertising isn't explicitly mentioned, various sections address different facets of marketing and brand representation.
For instance, franchisees are expected to actively promote and enhance the sales and recognition of Boulder Designs' services. This includes ensuring that all personnel, such as independent contractors and employees, contribute to improving the system and sales. Franchisees must operate their business in a way that clearly identifies it as a Boulder Designs franchise, utilizing the trademark and other marks as prescribed by the franchisor on all signs, materials, and platforms.
Furthermore, franchisees are responsible for prominently displaying approved signs both inside and outside their business premises, adhering to the franchisor's specifications and obtaining necessary permits. The agreement also touches on local advertising efforts, defining it as marketing activities undertaken by the franchisee, potentially through approved suppliers, using methods detailed in the manual, such as newspaper ads and direct mail.
While the FDD excerpts do not point to one specific article governing all advertising activities, it is clear that these responsibilities are distributed across multiple sections of the franchise agreement. A prospective franchisee should carefully review the entire document and consult with Boulder Designs to gain a comprehensive understanding of their advertising obligations and rights.