What is the purpose of the Amendment to the Franchise Agreement for Boulder Designs?
Boulder_Designs Franchise · 2025 FDDAnswer 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. "Butch" Mogavero | Name/Title |
Chief Executive Officer
AMENDMENT TO THE FRANCHISE AGREEMENT REQUIRED BY THE STATE OF ILLINOIS
| 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. |
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- The provisions of this Amendment form an integral part of, and are incorporated into, the Franchise Agreement. This Amendment is being executed because: a) the offer or sale of the franchise to Franchisee was made in the State of Illinois; b) Franchisee is a resident of the State of Illinois; and/or c) the franchise will be located or operated in the State of Illinois.
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- Section 3.1 of the Franchise Agreement is amended to reflect that payment of Initial Franchise Fees will be deferred until Franchisor has met its initial obligations to Franchisee, and Franchisee has commenced doing business. This financial assurance requirement was imposed by the Office of the Illinois Attorney General due to the Franchisor's financial condition.
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- Section 22.6 is deleted and replaced with the following:
This Agreement, including its Exhibits, constitutes the entire, full and complete agreement between Franchisor and Franchisee concerning the subject matter hereof and shall supersede all prior agreements, no other representations (except for or other than those contained in the disclosure document) having induced Franchisee to execute this Agreement.
- The following sentence is added to the end of Section 23.1:
Notwithstanding the foregoing, the Illinois Franchise Disclosure Act shall govern this Agreement.
- The following sentence is added to the end of Section 23.2:
Section 4 of the Illinois Franchise Disclosure Act provides that any provision in this Agreement which designates jurisdiction or venue in a forum outside of Illinois is void with respect to any cause of action which otherwise is enforceable in Illinois.
- The following sentence is added at the end of Section 23.4:
Section 27 of the Illinois Franchise Disclosure Act provides that causes of action under the Act must be brought within the earlier of: 3 years of the violation; 1 year after Franchisee becomes aware of the underlying facts or circumstances; or 90 days after delivery to Franchisee of a written notice disclosing the violation.
7.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to the 2025 Boulder Designs Franchise Disclosure Document, the purpose of the Amendment to the Franchise Agreement varies depending on the specific amendment. Several chunks of the FDD refer to amendments required by specific states, such as Indiana and Hawaii, suggesting that these amendments are designed to ensure compliance with local franchise laws. These amendments are entered into simultaneously with the execution of the Franchise Agreement.
One specific amendment addresses the deferral of initial franchise fees. This amendment modifies Section 3.1 of the Franchise Agreement, indicating that the payment of initial franchise fees will be deferred until Boulder Designs has fulfilled its initial obligations to the franchisee. This could be beneficial for a new franchisee as it reduces the upfront financial burden and aligns the payment of fees with the franchisor's performance.
Another amendment pertains to a national headstone program. This amendment grants the franchisee the right to participate in this program, where Boulder Designs will provide leads for headstone creation in the franchisee's territory in lieu of certain fees. This arrangement could provide an alternative revenue stream for the franchisee and potentially offset some of the standard fees charged by Boulder Designs. These amendments collectively serve to modify specific terms of the original Franchise Agreement, either to comply with state laws, adjust payment schedules, or introduce new programs and opportunities for franchisees.