Is the Boulder Designs franchisor relying on the franchisee to disclose any inconsistencies with the acknowledgments in the agreement?

According to Boulder Designs' 2025 Franchise Disclosure Document, the franchisor includes a clause regarding the franchisee's representations and acknowledgments concerning the franchise agreement. Specifically, Boulder Designs requires the franchisee to acknowledge that they have not relied on any representations made by the franchisor's directors, managers, members, employees, attorneys, or agents that are not contained in or are inconsistent with the statements made in the Franchise Disclosure Document or the agreement itself. This places an obligation on the franchisee to ensure that any information they have received is consistent with the official documents.

This provision aims to protect Boulder Designs from potential claims based on verbal promises or representations made outside of the formal FDD and franchise agreement. It reinforces the importance of the written agreement as the definitive source of information and obligations for both parties. By signing the agreement, the franchisee confirms that they have not relied on any contradictory information.

For a prospective Boulder Designs franchisee, this means it is crucial to carefully review the FDD and the franchise agreement and to reconcile any information received during discussions with the franchisor. If there are any inconsistencies, the franchisee should address them with the franchisor and seek clarification or amendment to the agreement before signing. Failure to do so could weaken the franchisee's position in case of future disputes based on those inconsistencies.