Why is the payment of Initial Franchise Fees deferred for Boulder Designs franchisees in Illinois?
Boulder_Designs Franchise · 2025 FDDAnswer from 2025 FDD Document
| 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. "Butch" Mogavero | Name/Title |
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to Boulder Designs' 2025 Franchise Disclosure Document, the payment of the initial franchise fee is deferred for franchisees. Specifically, Section 3.1 of the franchise agreement is amended to reflect that the payment of initial franchise fees will be deferred until Boulder Designs has met its initial obligations to the franchisee, and the franchisee has commenced doing business. This amendment is executed simultaneously with the execution of the Franchise Agreement.
In practical terms, this means a new Boulder Designs franchisee in Illinois will not be required to pay the initial franchise fee upfront. Instead, the payment is delayed until Boulder Designs fulfills its initial obligations, such as providing training, site selection assistance, or other pre-opening support, and the franchisee has started operating their Boulder Designs business.
This deferral of the initial franchise fee could be beneficial for prospective franchisees as it reduces the initial financial burden and aligns the payment with the commencement of business operations. It also potentially incentivizes Boulder Designs to promptly fulfill its pre-opening obligations to enable the franchisee to start generating revenue and, subsequently, pay the franchise fee. However, the specific initial obligations that Boulder Designs must fulfill before the fee is due are not detailed in this excerpt, so prospective franchisees should seek clarification on these obligations.
While the excerpt specifies the deferral of the initial franchise fee, it does not provide details on other fees, such as royalty fees or technology fees, which may be due earlier in the franchise term. It is also important for prospective franchisees to understand the conditions under which the deferred fee becomes payable and what happens if either Boulder Designs or the franchisee fails to meet their respective obligations.