To what extent is each provision of the Amendment effective for a Boulder Designs franchise?

According to the 2025 Boulder Designs Franchise Disclosure Document, the Amendment to the Franchise Agreement is effective upon execution by both the franchisor and the franchisee. The Amendment modifies the original Franchise Agreement, and any capitalized terms not defined in the Amendment will have the same meaning as in the original Franchise Agreement.

The Amendment includes specific modifications to certain sections of the Franchise Agreement. For example, Section 3.1 regarding the payment of Initial Franchise Fees may be amended to defer payments until Boulder Designs has met its initial obligations to the franchisee. Additionally, for franchisees in Hawaii, certain provisions in the franchise agreement, disclosure documents, or other writings that disclaim representations made by Boulder Designs or deny reliance on those representations or the FDD are considered void and unenforceable. Article 24 and Exhibit 5 of the Franchise Agreement are also deleted in their entirety for Hawaii franchisees.

The document also states that no statement, questionnaire, or acknowledgement signed by a franchisee can waive claims under state franchise law, including fraud in the inducement, or disclaim reliance on behalf of Boulder Designs. This provision supersedes any other conflicting terms in any document related to the franchise. The agreement is governed by Texas law, and if any provision is found to be invalid, the rest of the agreement remains in effect, construed as if the invalid provision never existed and revised to be valid and enforceable.