What is Boulder Designs entitled to require regarding the lease agreement?
Boulder_Designs Franchise · 2025 FDDAnswer from 2025 FDD Document
(f) Tenant will not assign the Lease or renew or extend the term thereof without the prior written consent of Franchisor, nor shall Landlord and Tenant amend or otherwise modify the Lease in any manner that could materially affect any of the foregoing requirements without the prior written consent of Franchisor.
(g) Franchisor shall have the right to enter the Premises to make any modification or alteration necessary to protect the Boulder Designs Franchising, LLC System and Marks (including, without limitation, remove all signs, advertising materials, displays, fixtures, proprietary equipment and inventory, and any other items which display the Marks or are indicative of Boulder Designs Franchising, LLC trade dress) or to cure any default under the Franchise Agreement or under the Lease, without being guilty of trespass or any other crime or tort.
Landlord shall not be responsible for any expenses or damages arising from any such action by Franchisor.
Tenant hereby releases, acquits, and discharges Franchisor and Landlord, their respective subsidiaries, affiliates, successors, and assigns and the officers, directors, shareholders, partners, employees, agents, and representatives of each of them, from any and all claims, demands, accounts, actions, and causes of action, known or unknown, vested or contingent, which any of them may have, ever had, now has, or may hereafter have by reason of any event, transaction, or circumstance arising out of or relating to the exercise of Franchisor's rights pursuant to the Addendum.
- (h) Landlord shall subordinate any lien in favor of Landlord created by the Lease to Franchisor.
Landlord's rights to collect on any liens that Landlord files or attaches to Tenant's property rights shall be subordinate and inferior to Franchisor's lien rights against any and all of the personal property, furnishings, equipment, signs, fixtures, and inventory owned by Tenant and on the premises operated by Tenant under the Lease.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to Boulder Designs' 2025 Franchise Disclosure Document, Boulder Designs has specific rights regarding the lease agreement for the franchisee's approved location. Boulder Designs requires that the tenant (franchisee) cannot assign the lease or renew/extend its term without prior written consent from Boulder Designs. Furthermore, the landlord and tenant cannot amend or modify the lease in any way that could materially affect the requirements without Boulder Designs' prior written consent. This provision ensures that Boulder Designs maintains control over the location and its suitability for the franchise.
Boulder Designs also has the right to enter the premises to make modifications or alterations necessary to protect the Boulder Designs system and marks. This includes removing signs, advertising materials, displays, fixtures, proprietary equipment, and inventory that display the marks or indicate Boulder Designs' trade dress. Boulder Designs can also take these actions to cure any default under the Franchise Agreement or the lease. The landlord is not responsible for any expenses or damages arising from these actions by Boulder Designs.
Additionally, the landlord must subordinate any lien in their favor created by the lease to Boulder Designs. This means that Boulder Designs' lien rights against the franchisee's personal property, furnishings, equipment, signs, fixtures, and inventory on the premises are superior to the landlord's rights to collect on any liens. These stipulations protect Boulder Designs' interests and ensure the franchisee operates in accordance with the franchise agreement and system standards.