If a Boulder Designs franchisee is a resident of Minnesota, does the amendment apply?

According to Boulder Designs' 2025 Franchise Disclosure Document, the amendment to the franchise agreement applies if a franchisee is a resident of Minnesota. Specifically, the amendment is executed because the offer or sale of the franchise was made in Minnesota, the franchisee is a resident of Minnesota, and/or the franchise will be located or operated in Minnesota.

This means that certain provisions within the standard Boulder Designs franchise agreement are modified to comply with Minnesota state law. One key modification is that all initial fees and payments owed by the franchisee are deferred until Boulder Designs completes its pre-opening obligations under the Franchise Agreement. This provides a level of financial assurance to the franchisee, ensuring that they are not paying fees before Boulder Designs has fulfilled its initial responsibilities.

Additionally, the amendment includes a provision to protect the franchisee's rights to use Boulder Designs' trademarks and to indemnify the franchisee from any losses, costs, or expenses arising from claims related to the use of the name. Minnesota law considers it unfair for a franchisor not to protect these trademark rights. The amendment also states that Minnesota considers it unfair to require a franchisee to waive certain provisions of Minnesota law.