Can Boulder Designs modify the privacy restrictions outlined in the agreement, and if so, how?
Boulder_Designs Franchise · 2025 FDDAnswer from 2025 FDD Document
All of the information Franchisor or its affiliates obtain from Franchisee or about Franchisee's BOULDER DESIGNS franchise, and all information in Franchisee's records or Franchisors concerning the members of Franchisee's BOULDER DESIGNS franchise (the "Information") and all revenues we derive from the Information will be our property. However, Franchisee may at any time during the term of this Agreement use in the operation of Franchisee's BOULDER DESIGNS franchise (but for no other purpose), to the extent lawful and at Franchisee's sole risk and responsibility, any information that Franchisee acquire from third parties in operating Franchisee's BOULDER DESIGNS franchise, such as customer data. The Information (except for information Franchisee provides to the Franchisor or its affiliates, including information provided by Franchisee's officers, directors, shareholders, partners or equity members of
Franchisee entity) will become Franchisor property which Franchisor may use for any reason as Franchisor may deem necessary or appropriate in Franchisor's sole discretion. Franchisee hereby authorize Franchisee's any payment processors to release the information to the Franchisor at any time. Following termination or expiration of this Agreement, Franchisee will no longer use any of the Information, except to comply with Franchisee's post-term obligations under this Agreement and Franchisee authorizes Franchisee's payment processor to release the Information exclusively to the Franchisor and/or Franchisor's designees.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
Based on the 2025 Franchise Disclosure Document, Boulder Designs retains ownership of the information obtained from the franchisee or about the franchisee's Boulder Designs franchise. This includes all information in the franchisee's records concerning members of the franchisee's Boulder Designs franchise. Boulder Designs may use this information for any reason they deem necessary or appropriate, in their sole discretion.
The franchisee authorizes their payment processors to release this information to Boulder Designs at any time. Following the termination or expiration of the Franchise Agreement, the franchisee can no longer use any of this information, except to comply with post-term obligations. The franchisee also authorizes their payment processor to release the information exclusively to Boulder Designs and/or their designees after termination or expiration.
While the FDD specifies Boulder Designs's rights regarding the use and ownership of franchisee information, it does not explicitly address whether Boulder Designs can modify the privacy restrictions outlined in the agreement. A prospective franchisee should seek clarification from Boulder Designs regarding their ability to modify these privacy restrictions and under what circumstances such modifications could occur.