Does the Indiana amendment to the Boulder Designs Franchise Agreement allow representations to act as a release relieving the franchisor from liability under Indiana Code 23-2-2.7?
Boulder_Designs Franchise · 2025 FDDAnswer from 2025 FDD Document
- Acknowledgments. Article 24 of the Franchise Agreement is amended by the addition of the following language:
However, such representations are not intended to nor shall they act as a release, assignment, novation, waiver or estoppel which purports to relieve Franchisor from liability under Indiana Code 23-2-2.7.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to Boulder Designs' 2025 Franchise Disclosure Document, the Indiana amendment to the franchise agreement specifically addresses this issue. The amendment states that representations made by the franchisee are not intended to, and will not, act as a release, assignment, novation, waiver, or estoppel that would relieve Boulder Designs from liability under Indiana Code 23-2-2.7. This provision is designed to protect the franchisee's rights under Indiana law.
This means that even if a franchisee makes certain representations or acknowledgments when signing the agreement, those statements cannot be used to release Boulder Designs from liabilities as defined under Indiana Code 23-2-2.7. This section of the Indiana code likely pertains to franchise law and franchisee protection within the state. The amendment ensures that Boulder Designs cannot circumvent these protections through franchisee representations.
For a prospective Boulder Designs franchisee in Indiana, this is a beneficial provision. It provides assurance that their rights under Indiana franchise law cannot be waived or undermined by statements they make during the franchise agreement process. This helps to level the playing field and ensures that Boulder Designs remains accountable under Indiana law, regardless of any representations made by the franchisee. This protection is particularly important in the context of franchise agreements, which can often be complex and contain provisions that might inadvertently affect a franchisee's legal rights.