What costs does a Boulder Designs franchisee agree to incur related to the Computer System?
Boulder_Designs Franchise · 2025 FDDAnswer from 2025 FDD Document
In addition, Franchisor requires Franchisee to purchase, through an approved supplier, the approved point of sale system ("POS"). Franchisee will be responsible for any ongoing upgrades or updates to the POS, ongoing maintenance packages, and computer and software packages after installation. The computer system and/or POS for your Franchised Business will be dedicated to the operation of the Boulder Designs business and used for no other purpose.
- 12.6.1 Consistent with the foregoing, among other things, Franchisor reserves the right periodically to undertake technology initiatives, the purpose of which would be enhance the technology associated with the franchise system including, without limitation, enhanced internet capability, use of proprietary digital applications and enhanced support services. Although Franchisor cannot estimate the future costs of the Computer System or required service or support, and although these costs might not be fully amortizable over the remaining term of this Agreement, Franchisee agrees to incur the costs of obtaining the computer hardware and software comprising the Computer System (or additions or modifications) and required service or support. Franchisor has no obligation to reimburse franchisee for any Computer System costs. As otherwise permitted in this Agreement, we may access the Computer System and retrieve all pertinent information relating to the operation of the Border Magic business in areas that we have the ability to control and/or remedy.
- 12.6.2 Notwithstanding the fact that franchisee must purchase, use, and maintain the Computer System consistent with our standards and specifications, franchisee will have sole and complete responsibility for: (1) the acquisition, operation, maintenance, updates and upgrading of the Computer System, including compliance with the standards that we periodically require; (2) the manner in which your Computer System interfaces with our computer system and those of other third parties; (3) the installation, maintenance and support of the Computer System, although Franchisor may from time to time require or recommend third parties to provide these functions; and (4) any and all consequences that may arise if the Computer System is not properly operated, maintained and upgraded, including but not limited to virus and spyware issues.
- 12.6.3 All of your Computer Systems must be compliant with all applicable laws, regulations, and commonly accepted industry standards, including without limitation those laws, regulations, and commonly accepted industry standards relating to privacy, data security, and the processing and protection of
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to Boulder Designs' 2025 Franchise Disclosure Document, franchisees are responsible for several costs associated with the computer system. Boulder Designs requires franchisees to purchase an approved point-of-sale (POS) system from an approved supplier. After installation, the franchisee is responsible for any ongoing upgrades or updates to the POS, ongoing maintenance packages, and computer and software packages. The computer system must be dedicated to the Boulder Designs business and used for no other purpose.
Boulder Designs may introduce new technology requiring system modifications, and franchisees must make all required upgrades and modifications at their own expense. The franchisee bears the costs of obtaining computer hardware and software, including any additions or modifications, as well as required service or support. Boulder Designs has no obligation to reimburse franchisees for these computer system costs.
Furthermore, the franchisee is solely responsible for the acquisition, operation, maintenance, updates, and upgrading of the computer system, ensuring compliance with Boulder Designs' standards. This includes how the computer system interfaces with Boulder Designs' system and third parties. The franchisee is also responsible for the installation, maintenance, and support of the computer system and any consequences arising from improper operation, maintenance, or upgrades, including issues like viruses and spyware. The computer systems must comply with all applicable laws, regulations, and industry standards related to privacy, data security, and the processing and protection of confidential personal information, including Payment Card Industry Data Security Standards.