If there is a dispute about the contents of the Boulder Designs Manual, which version of the Manual is controlling?
Boulder_Designs Franchise · 2025 FDDAnswer from 2025 FDD Document
the Confidentiality Agreement provided by Franchisor. Franchisee shall not disclose, duplicate or otherwise use any portion of the Manual in an unauthorized manner.
ARTICLE 10 - FRANCHISE SYSTEM
Section 10.1 Compliance with Standards
Franchisee shall strictly comply, and shall cause the Franchised Business and its employees to strictly comply, with all requirements, specifications, standards, operating procedures and rules set forth in this Agreement, the Manual or other communications supplied to Franchisee by Franchisor. Franchisee must strictly enforce the Boulder Designs Culture and individual appearance requirements and dress code requirements with all employees and independent Internal Managers that Franchisee contracts with or hires, as more specifically stated in the Manual(s).
Section 10.2 Modification of the System
Franchisee recognizes that from time to time, Franchisor may introduce, as part of the System, other methods or technology which require certain System modifications including, without limitation, the adoption and use of modified or substitute Marks, new computer hardware and software, equipment, signs or fixtures. Franchisee agrees to make all required upgrades and modifications at its expense as may be required by Franchisor. Franchisee agrees to comply with Franchisor's directions within a reasonable time after receiving notice of such changes. Franchisor is not required to reimburse Franchisee for any costs or expenses associated with making such trade or service mark changes, for any loss of revenue due to any modified or discontinued Mark, or for your expenses in promoting a modified or substitute trademark or service mark.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
Based on the 2025 Franchise Disclosure Document, Boulder Designs franchisees must strictly comply with the current version of the manual. Franchisees are required to keep their copy of the manual up-to-date at their approved location, whether it's in paper or electronic form. If the manual is electronic, it must be kept in a password-protected file, and access is only granted to authorized personnel.
All individuals who are permitted access to the Boulder Designs manuals or any other confidential information must sign a confidentiality agreement provided by the franchisor. Franchisees are prohibited from disclosing, duplicating, or using any part of the manual in an unauthorized manner. This ensures that the trade secrets and confidential information within the manual remain protected.
In practice, this means that if Boulder Designs updates its operational procedures or standards, the franchisee is obligated to adhere to the newest version of the manual. Failure to comply with the most current standards could result in a breach of the franchise agreement. Franchisees should regularly check for updates and ensure their staff is trained on the latest guidelines to maintain consistency and quality within the Boulder Designs system.