Does the Boulder Designs Franchise Agreement specify that any representations or promises made outside of the disclosure document and the Franchise Agreement may not be enforceable?
Boulder_Designs Franchise · 2025 FDDAnswer from 2025 FDD Document
| Provision | Section in the | Summary | |
|---|---|---|---|
| Franchise Agreement | |||
| a. Length of the franchise | Section 4.1 | 10 years. | |
| term | |||
| b. Renewal or extension of | Section 4.2 | Additional 10-year term if certain conditions | |
| the term | are met. | ||
| Provision | Section in the Franchise Agreement | Summary or modify their business relationship with Us, our Affiliate(s) or any other franchisee. | |
| s. Modification of the | Sections 9.2 and | The Franchise Agreement can be modified | |
| agreement | 22.6 | only by written agreement between you and us. | |
| t. Integration/merger clause | Section 22.6 | Only the terms of the Franchise Agreement and all exhibits to the Franchise Agreement are binding (subject to state law). Any representations or promises made outside of the disclosure document and the Franchise Agreement may not be enforceable. |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 38–44)
What This Means (2025 FDD)
According to Boulder Designs' 2025 Franchise Disclosure Document, the Franchise Agreement includes an integration/merger clause that addresses the enforceability of representations or promises made outside of the official documents. This clause specifies that only the terms within the Franchise Agreement and its exhibits are binding, subject to state law. Consequently, any representations or promises made outside the disclosure document and the Franchise Agreement might not be enforceable.
This provision means that prospective Boulder Designs franchisees should rely solely on the information contained within the Franchise Agreement and the Franchise Disclosure Document when making their investment decision. Any verbal promises or assurances from the franchisor's representatives that are not documented in these official documents may not be legally binding. This protects both the franchisee and the franchisor by ensuring that all agreements are clearly defined in writing.
It is a common practice in franchising to include an integration clause to avoid disputes based on undocumented claims. Prospective Boulder Designs franchisees should ensure they fully understand and agree with all terms and conditions outlined in the Franchise Agreement before signing. They should also seek legal counsel to review the agreement and clarify any ambiguities or concerns. This will help ensure that their understanding of the franchise terms aligns with the legally binding documents, minimizing potential future disputes.