Where in the Boulder Designs franchise agreement can I find information about advertising and promotional activities?
Boulder_Designs Franchise · 2025 FDDAnswer from 2025 FDD Document
y requirements or issuing credit card companies. Franchisee shall at all times comply with all payment card industry data security standards laws and regulations including any laws applicable to abandoned property and escheat and shall hold Franchisor harmless from any and all claims and liabilities.
Section 13.11 Best Efforts
Franchisee shall use its best efforts to promote and increase the sales and recognition of services offered through the Franchised Business. Franchisee shall require all of Franchisee's independent contractors, employees, Internal Managers, officers, agents and representatives to use best efforts to enhance and
improve the System and the sales of all services and products provided as part of the System. Best efforts are defined as set forth in Section 2.6 hereof. Franchisor will have the sole discretion to issue a Notice of Termination with 60 days right to cure or in the alternative, Franchisee may lose territorial exclusivity.
Franchisee is encouraged to submit suggestions, in writing, to Franchisor for improving elements of the system, including products, services, equipment, service format, advertising and any other relevant matters, that Franchisor considers adopting or modifying standards, specifications and procedures for the system. Franchisee agrees that any suggestions made are Franchisor's exclusive property. Franchisor has no obligation to use any suggestions. If any suggestion is implemented by Franchisor, said suggestion will become part of the system and no compensation is owed to Franchisee. Franchisee may not use any suggestions inconsistent with Franchisee's obligations under this agreement without our written consent.
Franchisee shall operate the Franchised Business so that it is clearly identified and advertised as a "Boulder Designs" business. Franchisee shall use the trademark "BOULDER DESIGNS" and the other Marks which now or hereafter may form a part of the System, on all signs, paper supplies, business cards, uniforms, advertising materials, technology platforms, signs and other articles in the identical combination and manner as the Franchisor may prescribe in writing and the Franchisee shall supply to the Franchisorsamples or photographs of the same upon Franchisor's request. Franchisee shall comply with all trademark, trade name, service mark and copyright notice marking requirements and Franchisee shall supply to the Franchisor samples or photographs of the same upon our request.
Section 13.12 Reserved
Section 13.13 Former Franchisees
Franchisee acknowledges that Former Franchisees are in a position to compete unfairly with Franchisor, Franchisee and/or other members of the System, and cause great injury to the reputation of the System and/or the Proprietary Marks. Franchisee therefore agrees as follows:
- i. Franchisee will not sell, loan, give or otherwise transfer or deliver to any Former Franchisee, or allow any Former Franchisee to copy or otherwise obtain, any confidential business information about the System;
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to Boulder Designs' 2025 Franchise Disclosure Document, details regarding advertising and promotional activities can be found throughout the franchise agreement, particularly in how franchisees are expected to promote the business and adhere to the franchisor's standards. Franchisees are obligated to use their best efforts to increase sales and recognition of Boulder Designs' services. They must also ensure that all personnel, including employees and contractors, work to enhance the Boulder Designs system. Franchisees are encouraged to submit suggestions for improving the system, including advertising, but these suggestions become the exclusive property of the franchisor.
The franchise agreement specifies that franchisees must operate their Boulder Designs business in a way that clearly identifies and advertises it as a Boulder Designs franchise, using the trademarked name and logos in accordance with the franchisor's guidelines. This includes using the marks on signs, supplies, business cards, uniforms, and advertising materials. The franchisor retains control over internet advertising, including the brand's website and social media presence, and the franchisee must adhere to the franchisor's rules for online marketing.
Furthermore, franchisees are required to list their business in online directories as specified by Boulder Designs. The franchise agreement also addresses restrictions on using advertising materials if the franchisee is a former franchisee. Overall, the agreement grants Boulder Designs significant control over advertising and promotional activities, ensuring brand consistency and quality across all franchise locations.