factual

What is the franchisee's obligation regarding compliance with the Boulder Designs Franchise Agreement?

Boulder_Designs Franchise · 2025 FDD

Answer from 2025 FDD Document

from time to time); all such Marks and other distinguishing characteristics being owned by Franchisor; and

WHEREAS, Franchisor grants to qualified persons and business entities the right to own and operate BOULDER DESIGNS Businesses using the System and the Marks; and

WHEREAS, Franchisee desires to operate a BOULDER DESIGNS Business, has applied for the Franchise and such application has been approved by Franchisor in reliance upon all of the representations made herein and therein; and

WHEREAS, Franchisor is willing to grant Franchisee a license under the System and the Marks to operate a Franchised Business, subject to Franchisee's strict compliance with the terms and conditions of this Agreement and in reliance upon Franchisee's representations made in this Agreement and in Franchisee's application to become a franchisee under the System.

NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein and for other good and valuable consideration, the receipt of which is hereby acknowledged, the parties hereto agree as follows:

ARTICLE 1 - DEFINITIONS

Whenever used in this Agreement, the following words and terms have the following meanings:

  • "Affiliate" means any business entity that controls, is controlled by, or is under common control with Franchisor;
  • "Agreement" means this franchise agreement and all exhibits hereto and amendments hereof;
  • "Approved Location" means the site for the operation of the Franchised Business selected by Franchisee and approved in writing by Franchisor;
  • "Approved Supplier(s)" means only those companies, and vendors who provide the services, product items, supplies, signs, equipment and other items and services Franchisor from time to time approves (and which are not thereafter disapproved) and that comply with Franchisor's specifications and quality

Boulder Designs® 1 Franchise Agreement | 2025

standards. Franchisor shall provide Franchisee, in the Manual or other written or electronic form, with a list of Approved Suppliers. Further description and requirements can be found in the terms contained in Article 13;

  • "Business Entity" means a corporation, limited liability company, limited partnership or other entity created pursuant to statutory authority.
  • "Competitive Business" means any business that offers or provides (or grants franchises or licenses to others to operate a business that offers or provides) engraved concrete signage or concrete landscaping products or other products or services that are the same as or similar to those sold by the Franchised Business or in which Trade Secrets or other Confidential Information could be used to the disadvantage of Franchisor, any Affiliate or Boulder Designs' other franchisees;

Source: Item 22 — CONTRACTS (FDD page 50)

What This Means (2025 FDD)

According to Boulder Designs' 2025 Franchise Disclosure Document, franchisees must strictly adhere to the terms and conditions outlined in the franchise agreement. This obligation is underscored by the franchisor's willingness to grant the franchise license based on the franchisee's commitment to compliance.

Boulder Designs franchisees are expected to operate their businesses in full compliance with the franchise agreement and the operations manual. This includes using the approved location solely for the Boulder Designs business. Franchisees must also comply with all applicable federal, state, and local laws, rules, and regulations. It is the franchisee's responsibility to stay informed about these legal requirements and adhere to them throughout the term of the agreement. Failure to comply with these laws constitutes a material breach of the agreement, potentially leading to immediate termination without an opportunity to cure the breach.

The franchise agreement also stipulates that each obligation within the agreement is considered a separate and independent covenant. This means that a breach of one provision is not dependent on other provisions, unless expressly stated otherwise. Furthermore, franchisees acknowledge that they have conducted their own independent investigation of the business and understand the risks involved, recognizing that their success depends on their own abilities and efforts. Boulder Designs makes no guarantees regarding the potential success of the business venture.

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.