Who bears the expense for required upgrades and modifications to the Boulder Designs system?
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.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to Boulder Designs's 2025 Franchise Disclosure Document, the franchisee is responsible for covering the costs of any required upgrades and modifications to the Boulder Designs system. This includes adopting modified trademarks, new computer hardware and software, equipment, signs, or fixtures.
Boulder Designs franchisees must comply with the franchisor's directions regarding these changes within a reasonable time after receiving notice. The franchisor is not obligated to reimburse the franchisee for any expenses related to these modifications, including costs associated with trademark changes or any loss of revenue resulting from modified or discontinued marks.
Additionally, Boulder Designs franchisees are responsible for the costs of ongoing upgrades or updates to the approved point of sale (POS) system, as well as any ongoing maintenance packages and computer and software packages after installation. The franchisee is also responsible for promptly addressing and resolving any security breaches related to the information system at their own expense.