Can Boulder Designs offer a longer notice and cure period than 30 days at its discretion?
Boulder_Designs Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
Section 5.4 Failure to Begin Operations
Should Franchisee fail to begin operating the Franchised Business within 180 days after the Effective Date, Franchisor has the right to terminate this Agreement with no refund to Franchisee of any amounts if Franchisee fails to cure such default within a thirty (30) day period.
Without limiting the foregoing, in the event of any default by Tenant, Landlord shall give Franchisor written notice of such default.
If Tenant has failed to cure such default at the expiration of the applicable cure period, Landlord shall give Franchisor further written notice of such failure ("Franchisor Notice").
Following Franchisor's receipt of the Franchisor Notice, Franchisor shall have the right (but not the obligation) to cure Tenant's default before Landlord shall exercise any of Landlord's remedies arising as a consequence of Tenant's default.
Any such cure shall be effected within 15 days following Franchisor's receipt of the Franchisor Notice.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to the 2025 Boulder Designs Franchise Disclosure Document, the franchisor has the sole discretion to issue a Notice of Termination with a 60-day right to cure. This is in relation to the franchisee using their best efforts to promote and increase sales and recognition of services offered through the Franchised Business.
In contrast, if a Boulder Designs franchisee fails to begin operating the Franchised Business within 180 days after the Effective Date, Boulder Designs has the right to terminate the agreement if the franchisee fails to cure such default within a thirty (30) day period.
In the event of any default by the tenant (franchisee) under the lease agreement, the landlord is required to provide Boulder Designs with written notice of such default. If the franchisee fails to cure the default within the applicable cure period, the landlord must provide Boulder Designs with further written notice. Following receipt of this notice, Boulder Designs has the right, but not the obligation, to cure the franchisee's default within 15 days before the landlord can exercise any remedies.