Does Boulder Designs assume liability for the acts, errors, or omissions of those with whom a franchisee may contract?
Boulder_Designs Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee shall be solely responsible for protecting itself from disruptions, Internet access failures, Internet content failures, and attacks by hackers and other unauthorized intruders and Franchisee waives any and all claims Franchisee may have against the Franchisor or its affiliates as the direct or indirect result of such disruptions, failures, or attacks. If Franchisee suspects or know of a security breach, Franchisee must immediately give notice of such security breach and promptly identify and remediate the source of any compromise of security breach at Franchisee's sole expense. Franchisee assumes all responsibility for providing all notices of breach or compromise and all duties to monitor credit histories and transactions concerning customers of the BOULDER DESIGNS franchise, unless otherwise directed by the Franchisor.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to Boulder Designs' 2025 Franchise Disclosure Document, franchisees are responsible for managing risks associated with their business operations. Specifically, franchisees are responsible for protecting themselves from disruptions such as internet access failures, internet content failures, and attacks by hackers. Boulder Designs franchisees waive any claims against Boulder Designs or its affiliates resulting from these disruptions, failures, or attacks.
Furthermore, if a Boulder Designs franchisee suspects or knows of a security breach, they must immediately notify Boulder Designs and promptly identify and fix the source of the breach at their own expense. The franchisee assumes all responsibility for providing notices of breach or compromise and all duties to monitor credit histories and transactions concerning customers of the Boulder Designs franchise, unless Boulder Designs directs otherwise.
In essence, the FDD makes it clear that Boulder Designs does not assume liability for disruptions, security breaches, or other issues arising from the franchisee's operation of the information system or their interactions with the internet. The franchisee bears the responsibility for securing their systems and managing any resulting fallout, unless explicitly directed otherwise by Boulder Designs.