What constitutes the Information System that Boulder Designs franchisees may be required to use?
Boulder_Designs Franchise · 2025 FDDAnswer from 2025 FDD Document
nate in the Manual including, but not limited to, www.boulderdesigns.net, which Mogavero Investments, LLC, has licensed to Franchisor the right to utilize the foregoing domain name(s).
Section 6.8 Approved Information System
Franchisor may designate the information system used in Franchisee's BOULDER DESIGNS franchise, including the computer hardware, software, other equipment and enhancements (the "Information System"). In such event, in connection with the approved Information System, Franchisee agrees to the provisions set forth below. 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 your expense. Franchisee assumes all responsibility for providing all notices of beach or compromise and all duties to monitor credit histories and transactions concerning customers of the BOULDER DESIGNS franchise, unless otherwise directed by the Franchisor.
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.
Franchisee hereby release and agree to hold the Franchisor and its affiliates, and Franchisor's respective officers and directors, harmless from and against any and all claims, liability, damages, or causes of action of any nature arising from, or in connection with, the installation, maintenance, or operation of the information system and its billing and payment processing.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to Boulder Designs' 2025 Franchise Disclosure Document, the Information System includes computer hardware, software, other equipment, and enhancements that Boulder Designs designates for use in the franchise. Franchisees are required to purchase, install, update, and use specific computer, credit card processing, surveillance, point-of-sale (POS), software, and phone systems as detailed in the manuals. The computer system and/or POS must be dedicated solely to the Boulder Designs business.
Boulder Designs retains ownership of all information obtained from the franchisee or about their Boulder Designs franchise. This includes data in the franchisee's records and information concerning members of the franchisee's business. Franchisees are responsible for protecting themselves from disruptions, internet access failures, content failures, and attacks by hackers. They must immediately report any security breaches and address the source of the breach at their own expense.
Franchisees must also list their business in online directories like Google and Facebook as specified by Boulder Designs. Boulder Designs may introduce new technology or methods that require system modifications, and franchisees are responsible for making these upgrades at their own expense. Boulder Designs also maintains the sole right to manage social media sites and applications related to the brand and does not allow franchisees to establish or use social media for business purposes.