Where is 'best efforts' defined within the Boulder Designs Franchise Disclosure Document?

According to Boulder Designs' 2025 Franchise Disclosure Document, the term "best efforts" is referenced in Item 22, which pertains to contracts. The franchisee is obligated to use their best efforts to promote and increase sales and recognition of the services offered through the franchised business. This obligation extends to the franchisee's independent contractors, employees, Internal Managers, officers, agents, and representatives, who must also use their best efforts to enhance and improve the Boulder Designs system and sales of all services and products provided as part of the system.

The document states that the definition of "best efforts" is set forth in Section 2.6 of the agreement. Failure to meet this standard could lead to a Notice of Termination with a 60-day right to cure, or potentially the loss of territorial exclusivity. This implies that Boulder Designs places significant importance on the franchisee's active and diligent promotion of the brand and its offerings.

For a prospective franchisee, this means understanding the specific requirements outlined in Section 2.6 regarding "best efforts" is crucial. It is important to clarify what metrics or activities Boulder Designs uses to evaluate whether a franchisee is meeting this obligation. This could include marketing spend, participation in local events, customer satisfaction scores, or other performance indicators. Understanding these expectations will help a franchisee avoid potential penalties and ensure they are meeting the franchisor's standards for promoting the Boulder Designs brand.