Can Boulder Designs change the general procedure for procuring and servicing National Headstone Program customers?
Boulder_Designs Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee further acknowledges and agrees that pursuant to the Franchise Agreement, if Franchisor obtains a National Headstone Program project in the Territory, Franchisor may, but is not obligated to, offer the project to Franchisee for execution and completion. If Franchisor makes such an offer, Franchisee agrees to service the National Headstone Program customer under the same terms, pricing, and provisions negotiated for the National Headstone Program, and the Franchisee shall not receive any additional compensation for participation in the National Headstone Program.
- Boulder Designs® 1 c. Franchisee's Obligations and Procedures. General procedure for procurement and servicing the National Headstone Program customer is subject to this Agreement and other terms and conditions of the Franchise Agreement, which Franchisor may change at their sole discretion upon 15 days' notice to the Franchisee. Prospective customer has an option to design their own headstone using the National
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to Boulder Designs' 2025 Franchise Agreement, the general procedure for procuring and servicing National Headstone Program customers is subject to change at Boulder Designs' sole discretion. Boulder Designs can implement such changes with just 15 days' notice to the franchisee.
This provision grants Boulder Designs significant flexibility to modify the National Headstone Program. These changes could impact how franchisees interact with customers, the pricing structure, or the services they are expected to provide. The franchisee must adapt to these changes to remain compliant with the franchise agreement.
For a prospective Boulder Designs franchisee, this means the procedures outlined in the initial franchise agreement are not set in stone. It is crucial to stay informed of any updates or modifications communicated by Boulder Designs. Failure to adhere to these changes could potentially lead to a breach of the franchise agreement. A prospective franchisee should inquire about the frequency and types of changes that have been implemented in the past to better understand the potential impact on their business operations.