Is a Boulder Designs franchisee required to use proprietary software programs?
Boulder_Designs Franchise · 2025 FDDAnswer from 2025 FDD Document
nate in the Manual including, but not limited to, www.boulderdesigns.net, which Mogavero Investments, LLC, has licensed to Franchisor the right to utilize the foregoing domain name(s).
Section 6.8 Approved Information System
Franchisor may designate the information system used in Franchisee's BOULDER DESIGNS franchise, including the computer hardware, software, other equipment and enhancements (the "Information System"). In such event, in connection with the approved Information System, Franchisee agrees to the provisions set forth below. If Franchisee suspects or know of a security breach, Franchisee must immediately give notice of such security breach and promptly identify and remediate the source of any compromise of security breach at your expense. Franchisee assumes all responsibility for providing all notices of beach or compromise and all duties to monitor credit histories and transactions concerning customers of the BOULDER DESIGNS franchise, unless otherwise directed by the Franchisor.
Franchisee shall be solely responsible for protecting itself from disruptions, Internet access failures, Internet content failures, and attacks by hackers and other unauthorized intruders and Franchisee waives any and all claims Franchisee may have against the Franchisor or its affiliates as the direct or indirect result of such disruptions, failures, or attacks. If Franchisee suspects or know of a security breach, Franchisee must immediately give notice of such security breach and promptly identify and remediate the source of any compromise of security breach at Franchisee's sole expense. Franchisee assumes all responsibility for providing all notices of breach or compromise and all duties to monitor credit histories and transactions concerning customers of the BOULDER DESIGNS franchise, unless otherwise directed by the Franchisor.
Franchisee hereby release and agree to hold the Franchisor and its affiliates, and Franchisor's respective officers and directors, harmless from and against any and all claims, liability, damages, or causes of action of any nature arising from, or in connection with, the installation, maintenance, or operation of the information system and its billing and payment processing.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to Boulder Designs' 2025 Franchise Disclosure Document, franchisees are required to use certain proprietary software. Specifically, Boulder Designs may designate the information system, including computer hardware and software, that franchisees must use.
In addition, franchisees must purchase an approved point of sale (POS) system from an approved supplier. Franchisees are responsible for all ongoing upgrades, updates, and maintenance for the POS system, as well as for the computer and software packages after installation. The computer system and/or POS must be dedicated solely to the Boulder Designs business.
Boulder Designs also charges a technology fee, which covers the cost of providing franchisees with technology and technical resources, including internet resources, website, email, intranet address, and software. This fee can increase by up to 10% each calendar year. These requirements ensure that Boulder Designs franchisees operate using standardized and supported systems, but also represent ongoing costs and potential mandatory upgrades for the franchisee.