In the Boulder Designs franchise agreement, what is the role of the individual identified as '[FRANCHISEE NAME]'?
Boulder_Designs Franchise · 2025 FDDAnswer from 2025 FDD Document
"Franchise" means the right granted to Franchisee by Franchisor to use the System and the Marks, while not in Default;
"Franchised Business" means the BOULDER DESIGNS Business to be established and operated by Franchisee pursuant to this Agreement;
"Franchisee" means the individual or entity defined as "Franchisee" in the introductory paragraph of this Agreement;
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.
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 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.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to Boulder Designs' 2025 Franchise Disclosure Document, the 'Franchisee' is defined as the individual or entity identified as such in the introductory paragraph of the Franchise Agreement. This individual or entity is granted the right by Boulder Designs to use the System and the Marks, provided they are not in default of the agreement. The Franchisee is responsible for establishing and operating the Boulder Designs Business according to the terms of the agreement.
The Franchisee is expected to use their best efforts to promote and increase sales and recognition of the services offered through the Franchised Business. This includes ensuring that all independent contractors, employees, Internal Managers, officers, agents, and representatives also use their best efforts to enhance and improve the System and sales. The Franchisee is also encouraged to submit suggestions to Boulder Designs for improving the System, although Boulder Designs has no obligation to use these suggestions, and if implemented, they become Boulder Designs' exclusive property without compensation to the Franchisee.
The Franchisee must operate the Franchised Business so that it is clearly identified and advertised as a "Boulder Designs" business. This includes using the trademark "BOULDER DESIGNS" and other Marks in the manner prescribed by Boulder Designs on all signs, paper supplies, business cards, uniforms, advertising materials, and other articles. The Franchisee is responsible for complying with all trademark, trade name, service mark, and copyright notice marking requirements and must provide samples or photographs of these items to Boulder Designs upon request.