Which articles in the Boulder Designs agreement contain covenants that are construed as independent of other provisions?
Boulder_Designs Franchise · 2025 FDDAnswer from 2025 FDD Document
Each obligation or other provision contained in this Agreement shall be deemed and construed as a separate and independent covenant, condition and obligation of the party bound by, undertaking or making the same, and not dependent on any other provisions of this Agreement, unless expressly so provided. If any party has breached any obligation or other provision contained in this Agreement in any respect, the fact there exists another obligation or provision relating to the same subject matter (regardless of the relative levels
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to Boulder Designs' 2025 Franchise Disclosure Document, Section 24.7 of the franchise agreement outlines the independent nature of each obligation within the agreement. This section specifies that each provision is considered a separate and independent covenant, condition, and obligation.
This means that if Boulder Designs, or the franchisee, breaches one part of the agreement, it doesn't automatically invalidate or affect other parts, unless explicitly stated otherwise. Each obligation stands on its own. This clause ensures that the entire agreement isn't jeopardized by a single breach, maintaining the enforceability of the remaining provisions.
For a prospective Boulder Designs franchisee, this is beneficial because it provides clarity and stability. If a dispute arises over one aspect of the franchise, the rest of the agreement remains intact. However, franchisees should still carefully review all sections of the agreement with legal counsel to fully understand their obligations and potential liabilities under each independent covenant.