Does the definition of 'Competitive Business' for Boulder Designs include businesses that offer engraved concrete signage?
Boulder_Designs Franchise · 2025 FDDAnswer from 2025 FDD Document
s a corporation, limited liability company, limited partnership or other entity created pursuant to statutory authority.
- "Competitive Business" means any business that offers or provides (or grants franchises or licenses to others to operate a business that offers or provides) engraved concrete signage or concrete landscaping products or other products or services that are the same as or similar to those sold by the Franchised Business or in which Trade Secrets or other Confidential Information could be used to the disadvantage of Franchisor, any Affiliate or Boulder Designs' other franchisees; provided, however, that the term "Competitive Business" shall not apply to (a) any business operated by Franchisee under a franchise agreement with Franchiso
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to Boulder Designs' 2025 Franchise Disclosure Document, the definition of a 'Competitive Business' does include businesses that offer engraved concrete signage. This definition is relevant because it impacts the franchisee's ability to engage in other business ventures during and after their franchise agreement with Boulder Designs.
The FDD specifies that a 'Competitive Business' is any business that offers or provides engraved concrete signage or concrete landscaping products. This means that franchisees are restricted from owning, managing, operating, or providing services to any such business during their relationship with Boulder Designs and for a period of two years after, within a certain geographic area. This area is defined as the greater of 25 miles from the franchisee's approved location or the territory outlined in the Franchise Agreement.
However, there are exceptions to this non-competition clause. The term 'Competitive Business' does not apply to any business operated by the franchisee under a franchise agreement with Boulder Designs or any business operated by a publicly-held entity in which the franchisee owns less than a 5% legal or beneficial interest. This allows franchisees some flexibility in their investments and business activities, provided they do not directly compete with Boulder Designs outside of the approved exceptions.