Besides the Franchise Agreement itself, are any representations or promises made outside of the Boulder Designs disclosure document enforceable?

According to Boulder Designs' 2025 Franchise Disclosure Document, the enforceability of representations or promises made outside the disclosure document and Franchise Agreement is limited. The document states that only the terms within the Franchise Agreement and its exhibits are binding, subject to state law. This is reinforced by the integration/merger clause in Section 22.6 of the Franchise Agreement.

This means that any verbal promises, assurances, or representations made by Boulder Designs representatives that are not explicitly written into the Franchise Agreement may not be legally enforceable. This is a common provision in franchise agreements, designed to ensure that both parties are bound only by the written terms of the contract.

Prospective Boulder Designs franchisees should be aware of this and ensure that all important terms and conditions are included in the written Franchise Agreement. It is crucial to carefully review the entire agreement and seek legal counsel to understand the implications of this clause and to protect their interests. If there are specific promises or representations made during the sales process, a franchisee should insist that they be incorporated into the written agreement to ensure they are enforceable.