Is Boulder Designs obligated to offer National Headstone Program projects within a franchisee's territory to that franchisee?

According to Boulder Designs' 2025 Franchise Disclosure Document, Boulder Designs is not obligated to offer National Headstone Program projects within a franchisee's territory to that franchisee. The FDD states that Boulder Designs may choose to offer the project to the franchisee, but it is not required to do so.

If Boulder Designs does offer a National Headstone Program project to a franchisee, the franchisee must service the customer under the terms, pricing, and provisions negotiated for the National Headstone Program. The franchisee will not receive any additional compensation for participating in the program. Boulder Designs retains the right to authorize other franchisees or qualified third parties to provide services within the franchisee's territory if the franchisee is not capable of servicing the customer or if the volume of services exceeds demand.

The franchisee is responsible for any repair or replacement work to the end client within 30 days, subject to reasonable work conditions due to climate, and is responsible for the costs of materials, overhead, and labor. If the franchisee fails to make the repairs or replacements, Boulder Designs may arrange for the repairs and charge the franchisee for the costs. Boulder Designs retains all rights to National Accounts projects, including invoicing, processing, and making disbursements. If a franchisee participates in the National Accounts program and Boulder Designs successfully completes a project in the franchisee's territory, Boulder Designs will make the appropriate disbursement to the franchisee minus 20% of the Gross Revenues or any other amount, or method as designated at the sole discretion of Boulder Designs.