What does the Boulder Designs franchisor declare void or unenforceable in the Indiana amendment?
Boulder_Designs Franchise · 2025 FDDAnswer from 2025 FDD Document
Each provision of this Amendment will be effective only to the extent that, with respect to the provision, the jurisdictional requirements of the Indiana Franchise Practices Law is met independently of this Amendment. Franchisor does not waive its right to challenge the enforceability of any state law and declares void or unenforceable any provision contained in this Agreement. Franchisor and Franchisee will enforce the provisions of this Agreement to the extent permitted by law.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to Boulder Designs' 2025 Franchise Disclosure Document, the franchisor declares void or unenforceable any provision contained in the agreement. However, this is only effective to the extent that the jurisdictional requirements of the Indiana Franchise Practices Law are met independently of the amendment.
Boulder Designs does not waive its right to challenge the enforceability of any state law. Both Boulder Designs and the franchisee will enforce the provisions of the agreement to the extent permitted by law. This means that while Boulder Designs aims to uphold the agreement, they reserve the right to contest the validity of state laws affecting the franchise agreement and will only enforce the agreement as far as legally permissible.
For a prospective franchisee, this indicates that certain provisions of the franchise agreement may not be fully enforceable in Indiana, depending on how they align with Indiana's specific franchise laws. It is important for potential franchisees to understand the implications of Indiana's franchise laws and how they might affect the enforceability of specific clauses within the Boulder Designs franchise agreement. Consulting with a legal professional experienced in franchise law in Indiana is advisable to fully understand these implications.