Are the recitals at the beginning of the Boulder Designs Franchise Agreement considered part of the agreement?
Boulder_Designs Franchise · 2025 FDDAnswer from 2025 FDD Document
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- Recitals. The parties acknowledge and represent that the recitals appearing at the beginning of this Agreement are true and correct, and are specifically incorporated into this Agreement .
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to Boulder Designs' 2025 Franchise Disclosure Document, the recitals at the beginning of the Franchise Agreement are considered part of the agreement. The Franchise Agreement explicitly states that the parties acknowledge the recitals are true and correct and specifically incorporates them into the agreement.
For a prospective franchisee, this means that the statements made in the recitals have legal weight and can be relied upon by both Boulder Designs and the franchisee. The recitals often outline the reasons for entering into the agreement and the expectations of both parties.
By incorporating the recitals, Boulder Designs ensures that these introductory statements are not merely background information but are binding parts of the contract. This could be important if there are disputes over the interpretation of the agreement, as the recitals can provide context and clarify the parties' intentions.