factual

Which item in the Boulder Designs Disclosure Document addresses the franchisee's obligation to comply with standards and policies?

Boulder_Designs Franchise · 2025 FDD

Answer from 2025 FDD Document

[Item 22: CONTRACTS]

Section 6.6 Right to Inspect

To preserve the validity and integrity of the Marks and any copyrighted materials licensed hereunder, and to ensure that Franchisee is properly employing the Marks in the operation of the Franchised Business, Franchisor and its designees have the right to enter and inspect the Franchised Business and the Approved Location at all reasonable times and, additionally, have the right to observe the manner in which Franchisee renders services and conducts activities and operations, and to inspect facilities, equipment, accessories, products, supplies, reports, forms and documents and related data to ensure that Franchisee is operating the Franchised Business in accordance with the quality control provisions and performance standards established by Franchisor. Such inspections may also include, without limitation, conducting any type of audit or review necessary to evaluate your compliance with all required payments, standards, specifications or procedures. We may, from time to time, make suggestions and give mandatory instructions with respect to your operation of your BOULDER DESIGNS franchise as we consider necessary or appropriate to ensure compliance with the then-current quality standards of the System and to protect the goodwill and image of the System. Franchisor and its agents shall have the right, at any reasonable time, to remove sufficient quantities of products, supplies or other items to test whether such products or items meet Franchisor's

then-current standards. Franchisor or its designee has the right to observe Franchisee and its employees during the operation of the Franchised Business and to interview and survey (whether in person or by mail) clients and employees and to photograph or videotape the operations. You expressly agree that these visits will not imply that you are in compliance with your obligations under this Agreement or under the law or that we waive our right to require strict compliance with your obligations under this Agreement or the Manual. Furthermore, such visits will not create any responsibility or liability in our part. If you request that we make additional visits to your BOULDER DESIGNS franchise, you will pay the fees we establish for such visits. You will also allow us to visit your BOULDER DESIGNS franchise with prospective franchisees during your business hours.

Section 6.7 Franchisor's Sole Right to Domain Name


[Item 22: CONTRACTS]

Section 13.17 Legal Compliance

In addition to complying with its obligations under this Agreement, Franchisee shall comply with all applicable federal, state, and local laws, rules, regulations, ordinances, and orders. Such laws, rules, regulations, ordinances, and orders vary from jurisdiction to jurisdiction and may be amended or implemented or interpreted in a different manner from time to time. It is Franchisee's sole responsibility to apprise itself of the existence and requirements of all such laws, rules, regulations, ordinances, and orders and to adhere to them at all times during the term of this Agreement. Failure to comply with applicable federal, state, and local laws, rules, regulations, ordinances, and orders is a material breach of this Agreement and Franchisor reserves the right to terminate this Agreement immediately for cause and without an opportunity to cure.

Section 13.18 Limitation of Products and Services

Franchisor has the unlimited right to specify the size of products and services Franchisee may offer at any time, or condition Franchisee's right to offer certain types or sizes of products on Franchisee's compliance with Franchisor's then-current guidelines and/or agreement to pay additional administrative or assistance fees. Currently, Franchisee is prohibited from accepting any project that exceeds 5,000 pounds, and any project that is more than five feet in height and six feet in width without the assistance of a Master Craftsman located in Attachment X.

Section 13.19 Customer Complaints

Franchisee agrees to promptly address all complaints in accordance with the procedures contained in the Operations Manual or as otherwise provided by the Franchisor. If Franchisee is unable or unwilling to

resolve a customer complaint within forty-eight (48) hours, and it becomes necessary for us to reimburse a customer in settlement of his or her complaint about work performed at or by your Boulder Designs business, you agree to promptly reimburse us for amounts expended on account of any such complaint. Your obligations and liabilities under this Section shall survive any termination or expiration of this Agreement.

ARTICLE 14 - FRANCHISOR'S ADDITIONAL OPERATIONS ASSISTANCE

Section 14.1 General Advice and Guidance


[Item 22: CONTRACTS]

Section 10.3 Variance

Franchisor has the right to vary standards or specifications for test market purposes or for any franchisee based upon that particular franchisee's qualifications, the peculiarities of the particular site or circumstances, the demographics of the trade area, business potential, existing business practices or any other condition which Franchisor deems to be of importance to the successful operation of any particular BOULDER DESIGNS Business. Franchisor shall not be required to disclose or grant to Franchisee a like or similar variance.

Section 10.4 Data Security and Privacy

Data Security and Privacy. Franchisee must comply with all applicable federal, state and local laws, rules, and regulations regarding data security, protection, and privacy, including, without limitation and if applicable, the California Consumer Privacy Act ("CCPA"), Cal. Civ. Code § 1798.100, et seq. Franchisee must comply with any privacy policies, data protection polices, and breach response policies that Franchisor periodically may establish. Franchisee must notify Franchisor immediately regarding any actual or suspected data breach at or in connection with the Franchised Business. Further, whenever and to the extent Franchisee operates as a "Service Provider" under the CCPA or in a similar capacity under any other applicable federal, state, or local privacy law, Franchisee represents, warrants, and covenants that:


[Item 22: CONTRACTS]

Franchisee shall use its best efforts to promote and increase the sales and recognition of services offered through the Franchised Business. Franchisee shall require all of Franchisee's independent contractors, employees, Internal Managers, officers, agents and representatives to use best efforts to enhance and

improve the System and the sales of all services and products provided as part of the System. Best efforts are defined as set forth in Section 2.6 hereof. Franchisor will have the sole discretion to issue a Notice of Termination with 60 days right to cure or in the alternative, Franchisee may lose territorial exclusivity.

Franchisee is encouraged to submit suggestions, in writing, to Franchisor for improving elements of the system, including products, services, equipment, service format, advertising and any other relevant matters, that Franchisor considers adopting or modifying standards, specifications and procedures for the system. Franchisee agrees that any suggestions made are Franchisor's exclusive property. Franchisor has no obligation to use any suggestions. If any suggestion is implemented by Franchisor, said suggestion will become part of the system and no compensation is owed to Franchisee. Franchisee may not use any suggestions inconsistent with Franchisee's obligations under this agreement without our written consent.

Franchisee shall operate the Franchised Business so that it is clearly identified and advertised as a "Boulder Designs" business. Franchisee shall use the trademark "BOULDER DESIGNS" and the other Marks which now or hereafter may form a part of the System, on all signs, paper supplies, business cards, uniforms, advertising materials, technology platforms, signs and other articles in the identical combination and manner as the Franchisor may prescribe in writing and the Franchisee shall supply to the Franchisorsamples or photographs of the same upon Franchisor's request. Franchisee shall comply with all trademark, trade name, service mark and copyright notice marking requirements and Franchisee shall supply to the Franchisor samples or photographs of the same upon our request.

Section 13.12 Reserved

Section 13.13 Former Franchisees

Franchisee acknowledges that Former Franchisees are in a position to compete unfairly with Franchisor, Franchisee and/or other members of the System, and cause great injury to the reputation of the System and/or the Proprietary Marks. Franchisee therefore agrees as follows:


[Item 22: CONTRACTS]

Section 24.4 Risk

Franchisee represents it has conducted an independent investigation of the business contemplated by this Agreement and acknowledges that, like any other business, an investment in a BOULDER DESIGNS Business involves business risks and the success of the venture is dependent, among other factors, upon the business abilities and efforts of Franchisee. Franchisor makes no representations or warranties, express or implied, in this Agreement or otherwise, as to the potential success of the business venture contemplated hereby. In addition, Franchisor makes no warranty as to Franchisees ability to operate the Franchised Business in the Territory. It is Franchisee's obligation to seek or obtain advice of counsel specifically on this issue. If legislation enacted by, or regulation of, any governmental body restricts or prevents Franchisee's operation of the Franchised Business in the Territory, the Franchisor is not liable for damages, nor required to indemnify Franchisee or to return any monies received from Franchisee.

Section 24.5 No Guarantee of Success

Franchisee represents and acknowledges it has not received or relied on any guarantee, express or implied, as to the revenues, profits or likelihood of success of the Franchised Business. Franchisee represents and acknowledges there have been no representations by Franchisor's directors, managers, members, employees, attorneys or agents that are not contained in, or are inconsistent with, the statements made in the Franchise Disclosure document or this Agreement.

Section 24.6 No Violation of Other Agreements

Franchisee represents its execution of this Agreement will not violate any other agreement or commitment to which Franchisee or any Owner is a party.

Section 24.7 Independent Obligations

Each obligation or other provision contained in this Agreement shall be deemed and construed as a separate and independent covenant, condition and obligation of the party bound by, undertaking or making the same, and not dependent on any other provisions of this Agreement, unless expressly so provided. If any party has breached any obligation or other provision contained in this Agreement in any respect, the fact there exists another obligation or provision relating to the same subject matter (regardless of the relative levels


[Item 22: CONTRACTS]

Section 22.16 Disavowal of Oral Representations

Both parties acknowledge that each want all terms of the business relationship to be defined in this written agreement, and that neither party wants to enter into a business relationship with the other in which any terms or obligations are subject to any oral statements or in which oral statements serve as the basis for creating rights or obligations different than or supplementary to the rights and obligations as set forth in this Agreement. Therefore, both parties agree that this Agreement will supersede and cancel any prior and/or contemporaneous discussions between the Franchisor and the Franchisee. Each party agrees that neither party has placed nor will place any reliance on any such discussions. Franchisee agrees that no representations have been made to the Franchisee concerning this Agreement or the BOULDER DESIGNS franchise other than as contained in this Agreement and in the Franchise Disclosure Document Franchisee has received before the Franchisee signed this Agreement. Franchisee agrees that no claims,

representations, warranties, or guarantees, express or implied, regarding actual or potential earnings, sales, profits, or success of your BOULDER DESIGNS franchise have been made to the Franchisee other than as set forth in Item 19 of the FDD.

Section 22.17 Other Franchisees

Franchisee acknowledge that other BOULDER DESIGNS franchisees have or will be granted franchises at different times and in different situations, and further acknowledge that the provisions of such franchises may vary substantially from those contained in this Agreement. Franchisee also acknowledge that because complete and detailed uniformity under varying circumstances may not be practical, there may be variations we grant to other of our BOULDER DESIGNS centers (whether franchised, or centers that the Franchisor or its affiliates operate), and will not be entitled to require Franchisor to grant similar variations or privileges to the Franchisee.

ARTICLE 23 - DISPUTE RESOLUTION

Section 23.1 Choice of Law


[Item 22: CONTRACTS]

Franchisee acknowledges that the quality of customer service, and every detail of appearance and demeanor of Franchisee and its employees, is material to protect the reputation and goodwill of the Marks and this Agreement and the relationship created hereby. Therefore, Franchisee shall endeavor to maintain and

require from its employees and contracted personnel, if applicable, high standards of quality and service in the operation of the Franchised Business. Franchisee shall at all times give prompt, courteous and efficient service to customers of the Franchised Business. Franchisee shall immediately resolve any customer complaints regarding the quality of service of the Franchised Business or any similar complaints. When any customer complaints cannot be immediately resolved, Franchisee shall use his/her best efforts to resolve the customer complaints as soon as practicable and shall, whenever feasible, give the customer the benefit of the doubt. The Franchised Business shall in all dealings with its customers, vendors and the general public, adhere to the highest standards of honesty, fair dealing and ethical conduct. If Franchisor, in its sole discretion, determines that its intervention is necessary or desirable to protect the System or the goodwill associated with the System, or if Franchisor, in its sole discretion, believes that Franchisee has failed to adequately address or resolve any customer complaints, Franchisor may, without Franchisee's consent, resolve any complaints and charge Franchisee an amount sufficient to cover Franchisor's reasonable costs and expenses in resolving the customer complaints, which amount Franchisee shall pay to Franchisor immediately on demand. Franchisor has the right to terminate this Agreement for violation of this Section.

Franchisee shall, in all dealings with the customers, suppliers, Franchisor and the public, adhere to the highest standards of honesty, integrity, fair dealing and ethical conduct. Franchisee agree

Source: Item 9 — FRANCHISEE'S OBLIGATIONS (FDD pages 22–23)

What This Means (2025 FDD)

According to Boulder Designs' 2025 Franchise Disclosure Document, Item 22, which covers the franchise agreements, details the franchisee's obligation to comply with standards and policies. Section 6.6, Right to Inspect, grants Boulder Designs the right to inspect the franchised business to ensure compliance with quality control and performance standards. Boulder Designs can make suggestions and mandatory instructions to ensure compliance with the system's quality standards.

Section 13.17, Legal Compliance, states that franchisees must comply with all applicable federal, state, and local laws, rules, regulations, ordinances, and orders. Failure to comply is a material breach of the agreement, potentially leading to immediate termination without an opportunity to cure. Section 13.18, Limitation of Products and Services, gives Boulder Designs the right to specify the size of products and services a franchisee may offer, or condition the right to offer certain products based on compliance with guidelines and payment of additional fees. Currently, franchisees are prohibited from accepting projects exceeding 5,000 pounds or certain size limits without a Master Craftsman's assistance.

Section 10.3, Variance, allows Boulder Designs to vary standards or specifications for test market purposes or for any franchisee based on specific qualifications, site peculiarities, demographics, business potential, or existing business practices. The franchisor is not required to disclose or grant similar variances to other franchisees. Section 10.4, Data Security and Privacy, requires franchisees to comply with all applicable data security and privacy laws and any privacy policies established by Boulder Designs. Franchisees must immediately report any data breaches.

Section 13.12 is reserved, while Section 13.13 addresses former franchisees and acknowledges that they could compete unfairly with Boulder Designs. Franchisees must operate their business so it is clearly identified as a "Boulder Designs" business and use the trademarks as prescribed by the franchisor. Section 24.4 states that franchisees acknowledge the business involves risks and success depends on their abilities and efforts. Boulder Designs makes no guarantees of success or ability to operate in the territory. Section 24.5 states that franchisees acknowledge they have not received any guarantees as to revenues, profits, or likelihood of success. Section 24.6 states that franchisees represent that their execution of the agreement will not violate any other agreement. Section 24.7 states that each obligation in the agreement is a separate and independent covenant.

Section 22.16 disavows oral representations, stating that all terms are defined in the written agreement, and neither party relies on oral statements. Section 22.17 acknowledges that other franchisees may have different franchise terms and that Boulder Designs may grant variations to other centers without extending similar privileges to the franchisee. Section 23.1 covers dispute resolution. Section 24.4 states that franchisees acknowledge the business involves risks and success depends on their abilities and efforts. Section 24.5 states that franchisees acknowledge they have not received any guarantees as to revenues, profits, or likelihood of success. Section 24.6 states that franchisees represent that their execution of the agreement will not violate any other agreement. Section 24.7 states that each obligation in the agreement is a separate and independent covenant. Finally, franchisees must maintain high standards of quality and service, resolve customer complaints promptly, and adhere to the highest standards of honesty and ethical conduct.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.