What article of the Boulder Designs Franchise Agreement is deleted in its entirety by the California amendment?
Boulder_Designs Franchise · 2025 FDDAnswer from 2025 FDD Document
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- Article 24 is deleted in its entirety.
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- Exhibit 5 to the Franchise Agreement is hereby removed in its entirety.
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- Any provision of a franchise agreement, franchise disclosure document, acknowledgement, questionnaire, or other writing, including any exhibit thereto, disclaiming or denying any of the following shall be deemed contrary to public policy and shall be void and unenforceable:
- (a) Representations made by the franchisor or its personnel or agents to a prospective franchisee.
- (b) Reliance by a franchisee on any representations made by the franchisor 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.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to the 2025 Boulder Designs Franchise Disclosure Document, the California amendment to the franchise agreement deletes Article 24 in its entirety. Additionally, Exhibit 5 to the Franchise Agreement is removed completely.
This deletion likely pertains to specific clauses within Article 24 that California law deems unenforceable or contrary to public policy. Common examples include clauses related to dispute resolution, termination rights, or waivers of legal rights. The removal of Exhibit 5 suggests it contains information or agreements that conflict with California franchise law.
Furthermore, the amendment explicitly voids any provision in any document that disclaims or denies representations made by Boulder Designs, reliance by a franchisee on those representations, reliance on the Franchise Disclosure Document, or violations of franchise law. This ensures that franchisees in California can hold Boulder Designs accountable for their statements and actions, and that franchisees cannot unknowingly waive their rights under California franchise law.