Can Boulder Designs enter into agreements with specific regional or national customers to establish a National Account in any area, including a franchisee's territory?
Boulder_Designs Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisor further reserve the right, to enter into agreements with specific regional or national commercial customers in order to establish a National Account, in any area, including in your Territory including but not limited to the National Headstone. If Franchisor establishes a National Account in your Territory Franchisee shall service the National Account under the same terms, pricing, and provisions negotiated for the National Account. Under certain circumstances if Franchisor determine in its sole discretion that Franchisee is not capable of servicing the National Account, or if the volume of services exceed demand at
the time, Franchisor may at its sole discretion authorize other franchisees or other qualified third-parties to provide the services. See Section 3.6 of this Agreement for more information on the National Accounts.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to Boulder Designs' 2025 Franchise Disclosure Document, Boulder Designs retains the right to establish National Accounts, which are group accounts for specific national or large regional commercial customers, in any area, including a franchisee's territory. If Boulder Designs establishes a National Account in a franchisee's territory, the franchisee is expected to service the National Account under the same terms, pricing, and provisions negotiated for the National Account.
However, Boulder Designs has the discretion to determine if a franchisee is capable of servicing the National Account. If Boulder Designs determines that the franchisee is not capable or if the volume of services exceeds demand, Boulder Designs may authorize other franchisees or qualified third parties to provide the services.
This means that while a Boulder Designs franchisee may benefit from National Accounts established in their territory, they are not guaranteed to service those accounts. The franchisee's ability to capitalize on these National Accounts depends on Boulder Designs' assessment of their capabilities and the demand for services. This also means that Boulder Designs can generate revenue inside of a franchisee's territory.