How does Boulder Designs define an 'Approved Location' for the Franchised Business?
Boulder_Designs Franchise · 2025 FDDAnswer from 2025 FDD Document
Whenever used in this Agreement, the following words and terms have the following meanings:
- "Affiliate" means any business entity that controls, is controlled by, or is under common control with Franchisor;
- "Agreement" means this franchise agreement and all exhibits hereto and amendments hereof;
- "Approved Location" means the site for the operation of the Franchised Business selected by Franchisee and approved in writing by Franchisor;
- "Approved Supplier(s)" means only those companies, and vendors who provide the services, product items, supplies, signs, equipment and other items and services Franchisor from time to time approves (and which are not thereafter disapproved) and that comply with Franchisor's specifications and quality
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to Boulder Designs' 2025 Franchise Disclosure Document, an 'Approved Location' is defined as the site selected by the franchisee and approved in writing by Boulder Designs for operating the franchised business.
The franchisee can operate the Boulder Designs business from a private residence or a commercial business office, provided it is within the designated territory. If not operating from a home, the franchisee must submit a Site Selection form to Boulder Designs with supporting data. Boulder Designs has the right to approve or disapprove the proposed location based on factors such as the condition of the premises, demographics, proximity to competitors, lease requirements, and overall suitability.
Boulder Designs will notify the franchisee of approval or disapproval within 30 calendar days of receiving all required information. While Boulder Designs will not unreasonably withhold approval, they may terminate the Franchise Agreement if an agreement on a location cannot be reached. In the event of termination, the franchisee will not receive a refund of the initial franchise fee or other deposits. If Boulder Designs fails to respond within 45 calendar days and the site is within the franchisee's territory, the site is deemed approved. If operating from the franchisee's home, the site is automatically approved upon submission, provided it is within the territory.
The franchisee is restricted from using the Approved Location for any purpose other than operating the Boulder Designs business in compliance with the franchise agreement and operations manual. The franchisee cannot relocate without prior written consent from Boulder Designs and must ensure the Approved Location complies with the Americans With Disabilities Act.