What is the Boulder Designs franchisee's obligation regarding breach of any representation, warranty, covenant, or provision of this Agreement or any other agreement between Franchisee and Franchisor (or an Affiliate)?
Boulder_Designs Franchise · 2025 FDDAnswer from 2025 FDD Document
Each obligation or other provision contained in this Agreement shall be deemed and construed as a separate and independent covenant, condition and obligation of the party bound by, undertaking or making the same, and not dependent on any other provisions of this Agreement, unless expressly so provided. If any party has breached any obligation or other provision contained in this Agreement in any respect, the fact there exists another obligation or provision relating to the same subject matter (regardless of the relative levels
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
Based on the 2025 Franchise Disclosure Document, each obligation within the Boulder Designs Franchise Agreement is considered a separate and independent covenant. This means that if a franchisee breaches one obligation, it doesn't automatically affect other obligations unless explicitly stated in the agreement.
Specifically, the FDD states that each provision is not dependent on any other provisions unless expressly provided. Therefore, if a Boulder Designs franchisee breaches any part of the agreement, the existence of another related provision does not excuse the breach.
This clause reinforces the importance of franchisees understanding and adhering to each individual requirement outlined in the Franchise Agreement. It prevents franchisees from arguing that a breach is somehow mitigated or excused by the presence of other clauses addressing similar subjects. Each obligation stands on its own, and failure to comply with any single one constitutes a breach of contract.