In the context of the Boulder Designs franchise agreement, who is considered 'you' or 'your'?
Boulder_Designs Franchise · 2025 FDDAnswer from 2025 FDD Document
To preserve the validity and integrity of the Marks and any copyrighted materials licensed hereunder, and to ensure that Franchisee is properly employing the Marks in the operation of the Franchised Business, Franchisor and its designees have the right to enter and inspect the Franchised Business and the Approved Location at all reasonable times and, additionally, have the right to observe the manner in which Franchisee renders services and conducts activities and operations, and to inspect facilities, equipment, accessories, products, supplies, reports, forms and documents and related data to ensure that Franchisee is operating the Franchised Business in accordance with the quality control provisions and performance standards established by Franchisor. Such inspections may also include, without limitation, conducting any type of audit or review necessary to evaluate your compliance with all required payments, standards, specifications or procedures. We may, from time to time, make suggestions and give mandatory instructions with respect to your operation of your BOULDER DESIGNS franchise as we consider necessary or appropriate to ensure compliance with the then-current quality standards of the System and to protect the goodwill and image of the System. Franchisor and its agents shall have the right, at any reasonable time, to remove sufficient quantities of products, supplies or other items to test whether such products or items meet Franchisor's
then-current standards. Franchisor or its designee has the right to observe Franchisee and its employees during the operation of the Franchised Business and to interview and survey (whether in person or by mail) clients and employees and to photograph or videotape the operations. You expressly agree that these visits will not imply that you are in compliance with your obligations under this Agreement or under the law or that we waive our right to require strict compliance with your obligations under this Agreement or the Manual. Furthermore, such visits will not create any responsibility or liability in our part. If you request that we make additional visits to your BOULDER DESIGNS franchise, you will pay the fees we establish for such visits. You will also allow us to visit your BOULDER DESIGNS franchise with prospective franchisees during your business hours.
Source: Item 1 — THE FRANCHISOR, AND ANY PARENTS, PREDECESSORS AND AFFILIATES (FDD pages 8–9)
What This Means (2025 FDD)
According to Boulder Designs' 2025 Franchise Disclosure Document, the terms "you" and "your" in the context of Section 6.6, Right to Inspect, of the franchise agreement refer to the franchisee. This means that Boulder Designs, as the franchisor, retains the right to inspect the franchisee's business operations to ensure compliance with quality control standards and the proper use of trademarks.
Boulder Designs' inspection rights include entering the franchised business and approved location at reasonable times, observing how the franchisee renders services, and inspecting facilities, equipment, products, reports, and related data. These inspections can also involve audits to evaluate compliance with required payments, standards, and procedures. Boulder Designs may offer suggestions or mandatory instructions to ensure compliance with quality standards and protect the brand's goodwill.
The franchisee expressly agrees that these visits do not imply compliance or waive Boulder Designs' right to require strict adherence to the agreement. Furthermore, these visits do not create any responsibility or liability on the part of Boulder Designs. If the franchisee requests additional visits, they will be responsible for paying the established fees. The franchisee must also allow Boulder Designs to bring prospective franchisees to visit during business hours.