Which articles of the Boulder Designs Franchise Agreement pertain to maintenance, appearance, and remodeling requirements?
Boulder_Designs Franchise · 2025 FDDAnswer from 2025 FDD Document
e Boulder Designs Culture and individual appearance requirements and dress code requirements with all employees and independent Internal Managers that Franchisee contracts with or hires, as more specifically stated in the Manual(s).
Section 10.2 Modification of the System
Franchisee recognizes that from time to time, Franchisor may introduce, as part of the System, other methods or technology which require certain System modifications including, without limitation, the adoption and use of modified or substitute Marks, new computer hardware and software, equipment, signs or fixtures. Franchisee agrees to make all required upgrades and modifications at its expense as may be required by Franchisor. Franchisee agrees to comply with Franchisor's directions within a reasonable time after receiving notice of such changes. Franchisor is not required to reimburse Franchisee for any costs or expenses associated with making such trade or service mark changes, for any loss of revenue due to any modified or discontinued Mark, or for your expenses in promoting a modified or substitute trademark or service mark. Any other additional investment other than modification or substitution of Marks is required to be made in the last year of the initial term, Franchisee may avoid making the investment by providing notice of intent not to renew the Franchise Agreement unless the investment is in connection with a modification to the System required by law or court order. Franchisee acknowledges any required expenditures for changes or upgrades to the System shall be in addition to expenditures for refurbishment, remodeling, repairs and maintenance as required in Article 5 of this Agreement.
Source: Item 9 — FRANCHISEE'S OBLIGATIONS (FDD pages 22–23)
What This Means (2025 FDD)
According to Boulder Designs' 2025 Franchise Disclosure Document, several sections of the franchise agreement address maintenance, appearance, and remodeling. Section 10.2 discusses modifications to the system, stating that Boulder Designs may introduce new methods or technology requiring system modifications, including changes to trademarks, computer systems, equipment, signs, or fixtures. The franchisee is responsible for all upgrade and modification expenses.
Section 10.2 also specifies that franchisees must not make changes to building plans, designs, layouts, décor, equipment, or signage without prior written consent from Boulder Designs, ensuring compliance with brand standards. Additionally, Article 5 of the agreement, referenced in Section 10.2, outlines requirements for refurbishment, remodeling, repairs, and maintenance, indicating its relevance to these aspects of franchise operation.
Section 6.6 grants Boulder Designs the right to inspect the franchised business and approved location at reasonable times to ensure the franchisee operates according to quality control provisions and performance standards. This includes observing service delivery, conducting audits, and reviewing facilities and equipment. Boulder Designs may also provide mandatory instructions to ensure compliance with quality standards and protect the system's goodwill. These multiple articles collectively ensure that Boulder Designs maintains consistent brand standards and operational quality across all franchise locations.