What happens if a Boulder Designs franchisee is evicted from the approved location?
Boulder_Designs Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee shall not relocate the Franchised Business without the prior written consent of Franchisor. If the lease for the Approved Location expires or terminates through no fault of Franchisee or if the Franchised Business's premises is destroyed, condemned or otherwise rendered unusable or as otherwise may be agreed upon in writing by Franchisor and Franchisee, Franchisor may allow Franchisee to relocate the Franchised Business in accordance with Franchisor's then-current site selection procedures. Any such relocation shall be at Franchisee's sole expense. Franchisor has the right to charge Franchisee for any costs incurred by Franchisor in providing assistance to Franchisee, including, but not limited to, legal and accounting fees.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to Boulder Designs' 2025 Franchise Disclosure Document, if the lease for the approved location expires or terminates through no fault of the franchisee, or if the premises are destroyed, condemned, or otherwise rendered unusable, Boulder Designs may allow the franchisee to relocate the franchised business. This relocation would be in accordance with Boulder Designs' then-current site selection procedures.
Any such relocation will be at the franchisee's sole expense. Boulder Designs has the right to charge the franchisee for any costs incurred by Boulder Designs in providing assistance, including legal and accounting fees. This means that while Boulder Designs may permit relocation under certain circumstances, the franchisee is responsible for all associated costs, which could include not only the direct expenses of moving but also any fees charged by Boulder Designs for their assistance in the relocation process.
This clause is important for prospective Boulder Designs franchisees to consider, as unexpected events can occur that render a location unusable. While the franchise agreement allows for relocation, the financial burden falls entirely on the franchisee. It is crucial to factor in potential relocation costs when assessing the overall financial viability of the franchise and to discuss site selection and lease terms carefully with both Boulder Designs and legal counsel.