In the event that a provision of the Boulder Designs franchise agreement requires interpretation, does the agreement specify whether a presumption should be applied against the Franchisor during construction?

According to Boulder Designs' 2025 Franchise Disclosure Document, the franchise agreement specifies that it is entered into in the State of Texas and shall be construed and interpreted in accordance with the laws of the State of Texas, without regard to any conflict of law principles. However, the document does not specify whether any presumptions should be applied against Boulder Designs during the construction or interpretation of the agreement.

This means that if there is a dispute over the interpretation of the franchise agreement, the laws of Texas will govern how the agreement is interpreted. However, the FDD does not state whether any presumptions will be made against Boulder Designs as the drafter of the agreement. Some states have laws that say that ambiguities in a contract should be interpreted against the party that drafted the contract, but the franchise agreement does not address this issue.

A prospective Boulder Designs franchisee should seek legal counsel to understand how Texas law would interpret any ambiguities in the franchise agreement and whether any presumptions would be applied against Boulder Designs. It would be prudent to discuss this with the franchisor and potentially negotiate terms that provide more clarity on how the agreement will be interpreted in case of disputes.