Does Boulder Designs lend or grant access to an electronic copy of the Manual to the franchisee?
Boulder_Designs Franchise · 2025 FDDAnswer from 2025 FDD Document
The Manual contains Trade Secrets and other Confidential Information of Franchisor and approved vendors, and its contents shall be kept confidential by Franchisee and all Covered Persons both during the term of the Franchise and subsequent to the expiration and non-renewal or termination of this Agreement. Franchisee shall at all times ensure that its copy of the Manual is available at the Approved Location in a current and up-to-date manner. Whether the Manual is in paper form or stored on computer-readable media, or both, Franchisee shall maintain the Manual in a secure manner at the Approved Location. If the Manual is in electronic form, Franchisee shall maintain the Manual in a password-true file. Franchisee shall only grant authorized personnel, as defined in the Manual, access to the Manual or any key, combination or passwords needed for access to the Manual. All persons whom Franchisee permits to have access to the Manuals or any other Confidential Information must first be required by Franchisee to sign the Confidentiality Agreement provided by Franchisor. Franchisee shall not disclose, duplicate or otherwise use any portion of the Manual in an unauthorized manner.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to Boulder Designs' 2025 Franchise Disclosure Document, the franchise agreement stipulates that the Boulder Designs manual may be provided in either paper form or stored on computer-readable media, or both. If the manual is in electronic form, the franchisee is required to maintain it in a password-protected file. Access to the manual is restricted to authorized personnel only, as defined within the manual itself, and all individuals granted access must sign a confidentiality agreement provided by Boulder Designs.
This indicates that Boulder Designs may provide an electronic copy of the manual, but it is not guaranteed. The franchisee is responsible for maintaining the security of the manual, whether it is in paper or electronic form, and must ensure that unauthorized personnel do not gain access to its contents. This includes maintaining the electronic file with a password.
The confidentiality requirements surrounding the manual are strict, reflecting the sensitive nature of the information it contains. Franchisees are prohibited from disclosing, duplicating, or using any portion of the manual in an unauthorized manner. This is a common practice in franchising, as the operations manual often contains trade secrets and proprietary information that is essential to the success of the franchise system.
Prospective Boulder Designs franchisees should confirm whether they will receive the manual in electronic format, paper format, or both. They should also inquire about the specific security protocols and authorized personnel definitions outlined in the manual to ensure they can comply with these requirements.