To what extent is each provision of the Indiana amendment to the Boulder Designs Franchise Agreement effective?

According to the 2025 Boulder Designs Franchise Disclosure Document, the Indiana amendment to the franchise agreement has specific conditions regarding its effectiveness. Each provision of the amendment is effective only to the extent that it independently meets the jurisdictional requirements of the Indiana Franchise Practices Law. This means that the applicability and enforceability of each part of the amendment are contingent upon compliance with Indiana law, assessed on a provision-by-provision basis.

Boulder Designs does not waive its right to challenge the enforceability of any state law and declares void or unenforceable any provision contained in the agreement. Both Boulder Designs and the franchisee are expected to enforce the provisions of the agreement only to the extent permitted by law. This indicates that while the amendment aims to comply with Indiana law, Boulder Designs retains the ability to contest the validity of state regulations and may not fully enforce certain provisions if they conflict with their interpretation of applicable laws.

For a prospective Boulder Designs franchisee in Indiana, this means that the protections and obligations outlined in the amendment are not guaranteed. A franchisee should be aware that certain provisions might be challenged or deemed unenforceable by Boulder Designs. It would be prudent for a potential franchisee to seek legal counsel to fully understand the implications of the Indiana amendment and to assess which provisions are most likely to be upheld under Indiana law. This ensures that the franchisee is well-informed about their rights and responsibilities within the franchise agreement.