If I create ideas or materials concerning the Boulder Designs Franchised Business, who owns them?
Boulder_Designs Franchise · 2025 FDDAnswer from 2025 FDD Document
All ideas, concepts, techniques or materials concerning the Franchised Business, whether or not protectable intellectual property and whether created by or for you or your owners or employees, must be promptly disclosed to us and will be deemed our sole and exclusive property and a part of the System that we may choose to adopt and/or disclose to other Franchisees. Likewise, we will disclose to you concepts and developments of other Franchisees that we make part of the System. You must also assist us in obtaining intellectual property rights in any concept or development if requested.
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 36–37)
What This Means (2025 FDD)
According to Boulder Designs's 2025 Franchise Disclosure Document, any ideas, concepts, techniques, or materials related to the Franchised Business, whether or not they are eligible for intellectual property protection, become the sole and exclusive property of Boulder Designs. This applies regardless of whether these creations are made by the franchisee, their owners, or employees. The franchisee is required to promptly disclose any such creations to Boulder Designs, and Boulder Designs has the option to adopt and share these with other franchisees as part of the System.
This aspect of the franchise agreement means that while franchisees may contribute innovative ideas or materials, they relinquish ownership and control over them to Boulder Designs. Boulder Designs, in turn, may choose to integrate these contributions into the broader franchise system. This clause aims to foster a collaborative environment where successful innovations can be shared across the franchise network, but it also means that franchisees do not retain any proprietary rights over their creations.
Furthermore, the FDD states that franchisees must assist Boulder Designs in securing intellectual property rights for any such concept or development if requested. In return, Boulder Designs will disclose concepts and developments from other franchisees that they incorporate into the System. This creates a reciprocal relationship where franchisees benefit from the collective knowledge and innovations within the Boulder Designs network, but it also reinforces Boulder Designs's control over the intellectual property associated with the franchise system.
For a prospective franchisee, this means that while creativity and innovation are encouraged, any resulting intellectual property will belong to Boulder Designs. It is important to understand this condition and how it aligns with one's expectations regarding ownership and control of intellectual property developed within the context of the franchise.