factual

Are expenditures for changes or upgrades to the Boulder Designs system in addition to refurbishment, remodeling, repairs and maintenance costs?

Boulder_Designs Franchise · 2025 FDD

Answer from 2025 FDD Document

Franchisee acknowledges any required expenditures for changes or upgrades to the System shall be in addition to expenditures for refurbishment, remodeling, repairs and maintenance as required in Article 5 of this Agreement.

Source: Item 22 — CONTRACTS (FDD page 50)

What This Means (2025 FDD)

According to Boulder Designs' 2025 Franchise Disclosure Document, franchisees should anticipate that costs for system changes or upgrades are separate from regular refurbishment, remodeling, repairs, and maintenance expenses. This means that franchisees must budget for these potential additional costs throughout the term of their agreement. Boulder Designs may introduce new methods or technology that require modifications to the system, such as adopting modified trademarks, new computer hardware and software, equipment, signs, or fixtures.

As a Boulder Designs franchisee, you are responsible for covering the expenses associated with these required upgrades and modifications. The FDD specifies that Boulder Designs is not obligated to reimburse franchisees for costs related to trademark changes or any loss of revenue resulting from modified or discontinued marks. This reinforces the franchisee's financial responsibility for keeping up with system-wide changes implemented by Boulder Designs.

Furthermore, if Boulder Designs requires any additional investment other than modification or substitution of Marks in the last year of the initial term, the franchisee can avoid making the investment by providing notice of intent not to renew the Franchise Agreement, unless the investment is in connection with a modification to the System required by law or court order. This provides a limited option for franchisees nearing the end of their term to avoid significant capital expenditures if they do not plan to renew, but it does not apply to legally mandated changes. Therefore, franchisees need to carefully consider the potential for these additional costs when evaluating the overall investment and profitability of a Boulder Designs franchise.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.