For the Boulder Designs franchise agreement, what title is specified for the individual signing on behalf of the franchisee?
Boulder_Designs Franchise · 2025 FDDAnswer from 2025 FDD Document
Individual agrees that his/her special knowledge of the business of a Boulder Designs franchise would cause Franchisor and its franchisees serious injury and loss if Individual, or anyone acquiring this knowledge through Individual, were to use this knowledge to the benefit of a competitor or were to compete with Franchisor or any of our other Franchisees.
If any court finally holds that the time or Territory or any other provision in this Section is an unreasonable restriction upon Individual, Individual agrees that the provisions of this Agreement are not rendered void, but apply as to time and Territory or to any other extent as the court may judicially determine or indicate is a reasonable restriction under the circumstances involved.
INDIVIDUAL CERTIFIES THAT HE OR SHE HAS READ THIS AGREEMENT CAREFULLY, AND UNDERSTANDS AND ACCEPTS THE OBLIGATIONS IT IMPOSES WITHOUT RESERVATION. NO PROMISES OR REPRESENTATIONS HAVE BEEN MADE TO SUCH PERSON TO INDUCE THE SIGNING OF THIS AGREEMENT.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to the 2025 Boulder Designs Franchise Disclosure Document, the agreement specifies that an "Individual" certifies that they have read, understand, and accept the obligations of the agreement. This individual is bound by the terms of the agreement, including non-compete clauses and confidentiality.
This means that the person signing the agreement on behalf of the franchisee is acknowledging their personal responsibility and understanding of the legal obligations. This is particularly relevant for franchisees operating as business entities (corporations, LLCs, etc.) where the individual signing may be a representative of the entity but is still held personally accountable for certain aspects of the agreement.
The FDD also includes an Acknowledgment Regarding Controlling Persons section, where the franchisee identifies the type of business entity (Individual, Corporation, Partnership, Limited Liability Company, Joint Venture, or Other business form) and warrants and represents the persons who own either legally or beneficially, voting control of the Franchise Owner, including their name, type of ownership, and percentage of interest owned. This section ensures transparency regarding the ownership and control structure of the franchise.
Furthermore, the document includes a Guaranty and Assumption of Obligations form, where an individual who owns a beneficial interest in the franchisee acknowledges that they would be considered an "Owner" within the definition contained in the Franchise Agreement. This individual guarantees the franchisee's obligations under the agreement, indicating a significant level of commitment and responsibility.