What is the Boulder Designs franchisee's obligation regarding the inaccuracy, lack of authenticity, or non-disclosure of information?
Boulder_Designs Franchise · 2025 FDDAnswer from 2025 FDD Document
ment, vendors, service providers, agents, attorneys, or representatives will have any liability for (i) any of Franchisor's obligations or liabilities relating to or arising from this Agreement, (ii) any claim against Franchisor based on, in respect of, or by reason of the relationship between Franchisee and Franchisor, or (iii) any claim against Franchisor based on any of Franchisor's alleged unlawful acts or omissions.
Section 22.16 Disavowal of Oral Representations
Both parties acknowledge that each want all terms of the business relationship to be defined in this written agreement, and that neither party wants to enter into a business relationship with the other in which any terms or obligations are subject to any oral statements or in which oral statements serve as the basis for creating rights or obligations different than or supplementary to the rights and obligations as set forth in this Agreement. Therefore, both parties agree that this Agreement will supersede and cancel any prior and/or contemporaneous discussions between the Franchisor and the Franchisee. Each party agrees that neither party has placed nor will place any reliance on any such discussions. Franchisee agrees that no representations have been made to the Franchisee concerning this Agreement or the BOULDER DESIGNS franchise other than as contained in this Agreement and in the Franchise Disclosure Document Franchisee has received before the Franchisee signed this Agreement. Franchisee agrees that no claims,
representations, warranties, or guarantees, express or implied, regarding actual or potential earnings, sales, profits, or success of your BOULDER DESIGNS franchise have been made to the Franchisee other than as set forth in Item 19 of the FDD.
Section 22.17 Other Franchisees
Franchisee acknowledge that other BOULDER DESIGNS franchisees have or will be granted franchises at different times and in different situations, and further acknowledge that the provisions of such franchises may vary substantially from those contained in this Agreement.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to the 2025 Boulder Designs Franchise Disclosure Document, franchisees have specific obligations regarding the accuracy and confidentiality of information. Boulder Designs emphasizes that the franchise agreement supersedes any prior oral discussions between the franchisor and franchisee. Franchisees must acknowledge that they are not relying on any representations about the Boulder Designs franchise that are not explicitly contained in the franchise agreement or the Franchise Disclosure Document (FDD). This is a standard clause in franchise agreements to prevent disputes based on verbal promises.
Furthermore, franchisees are responsible for protecting Boulder Designs' trade secrets and confidential information. This includes technical and non-technical data, know-how, formulas, patterns, compilations, programs, devices, methods, techniques, drawings, processes, financial data, financial plans, pro-formas, strategic plans, product plans, project plans, blueprints, and lists of actual or potential customers or suppliers. Franchisees must ensure that this information is not disclosed to unauthorized parties and is used only for the purposes authorized under the franchise agreement. This obligation extends to the franchisee's employees, agents, officers, directors, executives, managers, members, or holders of legal or beneficial interests.
Boulder Designs also requires franchisees to release and hold the franchisor harmless from any claims related to the information system's installation, maintenance, or operation. All information obtained from the franchisee or about the franchisee's Boulder Designs franchise becomes the property of the franchisor, which the franchisor may use for any reason. The franchisee is responsible for ensuring that their execution of the franchise agreement does not violate any other agreements or commitments they may have. These provisions collectively ensure that franchisees are accountable for the accuracy and confidentiality of information related to the Boulder Designs franchise and that the franchisor is protected from liabilities arising from the franchisee's actions.