In the Boulder Designs Franchise Agreement, where can I find the definitions of capitalized terms?
Boulder_Designs Franchise · 2025 FDDAnswer from 2025 FDD Document
good and valuable consideration, the receipt of which is hereby acknowledged, the parties hereto agree as follows:
ARTICLE 1 - DEFINITIONS
Whenever used in this Agreement, the following words and terms have the following meanings:
- "Affiliate" means any business entity that controls, is controlled by, or is under common control with Franchisor;
- "Agreement" means this franchise agreement and all exhibits hereto and amendments hereof;
- "Approved Location" means the site for the operation of the Franchised Business selected by Franchisee and approved in writing by Franchisor;
- "Approved Supplier(s)" means only those companies, and vendors who provide the services, product items, supplies, signs, equipment and other items and services Franchisor from time to time approves (and which are not thereafter disapproved) and that comply with Franchisor's specifications and quality
Boulder Designs® 1 Franchise Agreement | 2025
standards. Franchisor shall provide Franchisee, in the Manual or other written or electronic form, with a list of Approved Suppliers. Further description and requirements can be found in the terms contained in Article 13;
- "Business Entity" means a corporation, limited liability company, limited partnership or other entity created pursuant to statutory authority.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to Boulder Designs' 2025 Franchise Agreement, definitions of capitalized terms can primarily be found within the agreement itself. Article 1 of the agreement is dedicated to definitions of terms used throughout the document. Additionally, the agreement states that capitalized terms shall have the meaning ascribed to them in the Franchise Agreement unless otherwise defined in the specific agreement where they appear.
This means that prospective Boulder Designs franchisees should first consult Article 1 for common definitions. However, it's crucial to carefully read each section of the Franchise Agreement, as some terms might be specifically defined within those sections, potentially overriding the general definitions in Article 1.
For example, the definition of "Marketing Fee" can be found in Section 11.2. Furthermore, any capitalized terms that are not defined in any amendment shall have the meaning given to them in the Franchise Agreement. This layered approach to definitions requires careful attention to detail when reviewing the agreement to fully understand the rights and obligations of both the franchisee and Boulder Designs.