What is the Boulder Designs franchisee's responsibility regarding claims arising from failure to comply with ADA requirements?
Boulder_Designs Franchise · 2025 FDDAnswer from 2025 FDD Document
In addition to complying with its obligations under this Agreement, Franchisee shall comply with all applicable federal, state, and local laws, rules, regulations, ordinances, and orders. Such laws, rules, regulations, ordinances, and orders vary from jurisdiction to jurisdiction and may be amended or implemented or interpreted in a different manner from time to time. It is Franchisee's sole responsibility to apprise itself of the existence and requirements of all such laws, rules, regulations, ordinances, and orders and to adhere to them at all times during the term of this Agreement. Failure to comply with applicable federal, state, and local laws, rules, regulations, ordinances, and orders is a material breach of this Agreement and Franchisor reserves the right to terminate this Agreement immediately for cause and without an opportunity to cure.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
Based on the 2025 Franchise Disclosure Document, Boulder Designs franchisees are responsible for complying with all applicable federal, state, and local laws, rules, regulations, ordinances, and orders. This includes, but is not limited to, ADA (Americans with Disabilities Act) requirements.
The FDD states that it is the franchisee's sole responsibility to be aware of and adhere to all such laws and regulations during the term of the Franchise Agreement. Failure to comply with these laws constitutes a material breach of the agreement, potentially leading to immediate termination without an opportunity to correct the issue.
This means that a Boulder Designs franchisee must ensure their business operations, including the physical location and any services offered, meet all ADA standards. This could involve making accommodations for individuals with disabilities, such as accessible entrances, restrooms, and parking spaces.
The franchisee bears the risk of non-compliance, and any claims or legal issues arising from failure to meet ADA requirements would be their sole responsibility. This underscores the importance of understanding and adhering to all applicable laws and regulations to avoid potential legal and financial repercussions.