If a Boulder Designs franchisee is adjudicated bankrupt, can the franchise agreement be terminated?
Boulder_Designs Franchise · 2025 FDDAnswer from 2025 FDD Document
| Sections | | | |
| Provision | Section in the Franchise Agreement | Summary
Agreement following a default, your interest in | | | |
the franchise will terminate. | | | |
5.4, 5.5. | | | |
We can terminate if you fail to develop the | | | |
and 16.2 | | | |
Approved Location within 180 days after the | | | |
Effective Date of the Franchise Agreement. We | | | |
also can terminate for failure to pay the Initial | | | |
Franchise Fee or other amounts due within 10 | | | |
days after receiving written notice; failure to | | | |
have your Internal Manager satisfactorily | | | |
complete any training program; attempted or | | | |
actual transfer of business in violation of the | | | |
Franchise Agreement; misuse of the Marks, or | | | |
other act which impairs the goodwill of any of | | | |
the Marks; material misrepresentation or | | | |
omission in your franchise application; are | | | |
conviction or "no contest" plea to a crime or | | | |
offense that would place them on the sex | | | |
offenders registry, was a violent felony, crimes | | | |
against a human, sexual harassment against an | | | |
employee, domestic abuse charges, animal | | | |
abuse, elderly abuse, substance abuse, DWI or | | | |
DUI, any theft charge or is likely to affect the | | | |
reputation of either party or the Franchised | | | |
Business; disclose, duplicate, or otherwise | | | |
misuse the Manual, Confidential Information | | | |
or the Marks; are adjudicated bankrupt,
insolvent or make a general assignment for the | | | |
benefit of creditors or to pay any fees due us or | | | |
any Affiliate; receive three or more default | | | |
notices within two years,(or failure on 2 or | | | |
more separate noticed occasions to comply | | | |
with the same obligation in any time-frame); | | | |
continue to violate any health, safety or other | | | |
laws or conduct the Franchised Business in a | | | |
manner creating a health or safety hazard to | | | |
customers, employees or the public; take any | | | |
action reserved to us; fail to comply with | | | |
applicable law after notice; repeatedly breach | | | |
the Franchise Agreement or fail to comply with | | | |
specifications; engaging in wholesale | | | |
transactions without our prior written consent; | | | |
or default under any other agreement between | | | |
you and us(or an Affiliate) such that we (or the | | | |
Affiliate) have the right to terminate the | | | |
agreement. Termination of a Franchise | | | |
Agreement will not automatically result in the | | | |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 38–44)
What This Means (2025 FDD)
According to Boulder Designs' 2025 Franchise Disclosure Document, being adjudicated bankrupt is grounds for termination of the franchise agreement. The FDD states that Boulder Designs can terminate the franchise agreement if a franchisee is adjudicated bankrupt, insolvent, or makes a general assignment for the benefit of creditors or to pay any fees due to Boulder Designs or any affiliate.
However, the FDD also includes a caveat regarding the enforceability of termination clauses related to bankruptcy. Specifically, the California state-specific addendum notes that while the franchise agreement provides for termination upon bankruptcy, this provision may not be enforceable under federal bankruptcy law (11 U.S.C.A. Sec. 101 et seq.).
This means that while Boulder Designs' standard franchise agreement includes bankruptcy as a cause for termination, federal law might override this provision, potentially preventing Boulder Designs from terminating the agreement solely based on the franchisee's bankruptcy. Prospective franchisees should consult with a legal professional to understand the interplay between the franchise agreement's termination clauses and federal bankruptcy law in their specific jurisdiction.