factual

Why is the payment of the initial franchise fee deferred for Boulder Designs franchisees?

Boulder_Designs Franchise · 2025 FDD

Answer from 2025 FDD Document

or or its personnel or agents.

  • (c) Reliance by a franchisee on the franchise disclosure document, including any exhibit thereto.
  • (d) Violations of any provision of this division.

Boulder Designs® 1 Exhibit 9 Franchise Agreement | 2025

IN WITNESS WHEREOF, Franchisee and Franchisor have executed this Amendment to the Franchise Agreement simultaneously with the execution of the Franchise Agreement. FRANCHISOR: FRANCHISEE: BOULDER DESIGNS FRANCHISING, LLC By: By:

Frank J. "Butch" Mogavero Name/Title

Chief Executive Officer

AMENDMENT TO THE FRANCHISE AGREEMENT REQUIRED BY THE STATE OF HAWAII

This Amendment to the Boulder Designs Franchise Agreement dated, 20 between
Boulder Designs Franchising, LLC, ("Franchisor") and
("Franchisee") is entered into simultaneously with the execution of the Franchise Agreement.
1. Section 3.1 of the Franchise Agreement is amended to reflect that payment of Initial Franchise
has commenced doing business. Fees will be deferred until Franchisor has met its initial obligations to Franchisee, and Franchisee
IN WITNESS WHEREOF, Franchisee and Franchisor have executed this Amendment to the Franchise
Agreement simultaneously with the execution of the Franchise Agreement.
FRANCHISOR: FRANCHISEE:
BOULDER DESIGNS
FRANCHISING, LLC
By: By:
Frank J.

Source: Item 22 — CONTRACTS (FDD page 50)

What This Means (2025 FDD)

According to Boulder Designs's 2025 Franchise Disclosure Document, the payment of the initial franchise fee is deferred until Boulder Designs has met its initial obligations to the franchisee and the franchisee has commenced business. This means a new Boulder Designs franchisee does not have to pay the initial franchise fee upfront. Instead, the franchisee can delay payment until Boulder Designs fulfills its pre-opening obligations, and the franchisee actually starts operating their business.

This deferral benefits the franchisee by reducing the initial financial burden and risk. It ensures that the franchisee only pays the fee after Boulder Designs has provided the necessary support and the franchisee is ready to start generating revenue. This arrangement aligns the interests of both parties, as Boulder Designs is incentivized to provide timely and effective support to get the franchisee's business up and running.

Section 5.5.1 of the franchise agreement further clarifies that by commencing operations, the franchisee acknowledges that Boulder Designs has fulfilled all of its obligations required prior to the opening of the Boulder Designs business. This acknowledgement likely triggers the obligation to pay the initial franchise fee. Prospective franchisees should carefully review Section 3.1 of the Franchise Agreement and Exhibit 1, Key Terms Page, to fully understand the specific obligations of Boulder Designs and the payment terms for the initial franchise fee.

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.