factual

Must a Boulder Designs franchisee grant the Franchisor independent access to any POS system?

Boulder_Designs Franchise · 2025 FDD

Answer from 2025 FDD Document

Franchisee shall grant Franchisor independent access to any POS system.

Franchisee must own and maintain at least one smartphone capable of sending and receiving text messages, emails, and the ability to connect to the internet. In the event Franchisee is unable to answer phone calls, voicemail services must be active with a professional outgoing message stating Franchisee's name, affiliation, and a brief request of callers to leave their contact information in order to be reached. We reserve the right to act as collection agent for the phone system, and collect fees Franchisee owes. Franchisee must purchase and use only the authorized phone to operate the Franchised Business.

Franchisor shall have full access to all of Franchisee's computer, software and phone data and systems and all related information by means of continuous direct access, whether in person or by telephone, modem or Internet to permit Franchisor to verify Franchisee's compliance with its obligations under this Agreement. Franchisor shall have the right to independently access Franchisee's entire computer, point-of-sale system, software and phone data and systems and all related informati

Source: Item 22 — CONTRACTS (FDD page 50)

What This Means (2025 FDD)

According to Boulder Designs' 2025 Franchise Disclosure Document, franchisees are required to grant the franchisor independent access to any Point of Sale (POS) system used in their business. This access allows Boulder Designs to monitor sales and ensure compliance with the franchise agreement.

In practical terms, this means that a franchisee must ensure that the POS system they use allows for remote access by Boulder Designs. This may involve setting up specific user accounts or providing login credentials to the franchisor. The FDD also states that all sales must be processed through the approved POS systems and reported as gross revenue, and no other supplemental or secondary POS system may be used. Boulder Designs retains the right to designate an Approved Supplier for the POS system, and franchisees must switch to the Approved Supplier within thirty days of notice from Boulder Designs.

Furthermore, Boulder Designs has full access to all of the franchisee's computer, software, and phone data and systems, and all related information by means of continuous direct access, whether in person or by telephone, modem, or Internet to permit Boulder Designs to verify the franchisee's compliance with its obligations under the agreement. This includes the right to independently access the franchisee's entire computer, point-of-sale system, software, and phone data and systems, and all related information. This level of access is fairly common in franchising, as it allows the franchisor to maintain oversight and ensure brand consistency across all locations.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.