What is the Boulder Designs franchisee's obligation regarding infringement, violation or alleged infringement or violation of any Mark, patent or copyright or any misuse of the Confidential Information?
Boulder_Designs Franchise · 2025 FDDAnswer from 2025 FDD Document
you will pay the fees we establish for such visits. You will also allow us to visit your BOULDER DESIGNS franchise with prospective franchisees during your business hours.
Section 6.7 Franchisor's Sole Right to Domain Name
Franchisee shall not advertise on the Internet using, or establish, create or operate an Internet site or website using a domain name or uniform resource locator containing, the Mark or the words "Boulder Designs" or any variation thereof without Franchisor's prior written approval. An Affiliate, Mogavero Investments, LLC, is the sole owner of all right, title and interest in and to such domain names as Franchisor shall designate 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.
Section 6.9 Ownership of Information
All of the information Franchisor or its affiliates obtain from Franchisee or about Franchisee's BOULDER DESIGNS franchise, and all information in Franchisee's records or Franchisors concerning the members of Franchisee's BOULDER DESIGNS franchise (the "Information") and all revenues we derive from the Information will be our property. However, Franchisee may at any time during the term of this Agreement use in the operation of Franchisee's BOULDER DESIGNS franchise (but for no other purpose), to the extent lawful and at Franchisee's sole risk and responsibility, any information that Franchisee acquire from third parties in operating Franchisee's BOULDER DESIGNS franchise, such as customer data.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
Based on the 2025 Franchise Disclosure Document, Boulder Designs franchisees have several obligations related to the protection of confidential information and intellectual property. Franchisees must protect the confidentiality of trade secrets and other confidential information associated with the Boulder Designs business. This includes technical and non-technical information not publicly available.
Specifically, franchisees cannot use domain names or URLs containing the Boulder Designs mark or variations without prior written approval from Boulder Designs. An affiliate, Mogavero Investments, LLC, owns the domain names designated by Boulder Designs. Franchisees are also restricted from using Boulder Designs' trademarks, trade secrets, copyrighted materials, and confidential information on social media sites, even from personal accounts. Any representation from franchisees or their employees regarding profits or earnings on social media is considered a breach of confidential information.
Furthermore, if a franchisee suspects a security breach within their approved information system, they must immediately notify Boulder Designs and take steps to identify and fix the issue at their own expense. The franchisee is responsible for providing notices of any breach and monitoring credit histories and transactions of customers, unless Boulder Designs directs otherwise. These measures aim to protect Boulder Designs' brand and confidential information, and failure to comply can result in a breach of the franchise agreement.