What is the relationship between the Franchise Agreement and the Amendment to the Franchise Agreement for Boulder Designs?
Boulder_Designs Franchise · 2025 FDDAnswer from 2025 FDD Document
Any capitalized terms that are not defined in this Amendment shall have the meaning given them in the Franchise Agreement.
Except as expressly modified by this Amendment, the Franchise Agreement remains unmodified and in full force and effect.
- No statement, questionnaire or acknowledgement signed or agreed to by a franchisee in connection with the commencement of the franchise relationship shall have the effect of: (i) waiving any claims under any applicable state franchise law, including fraud in the inducement, or (ii) disclaiming reliance on behalf of the Franchisor. This provision supersedes any other term of any document executed in connection with the franchise.
Boulder Designs® 1 IL Amendment 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 INDIANA
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to Boulder Designs' 2025 Franchise Disclosure Document, the Amendment to the Franchise Agreement is designed to work in conjunction with the original agreement. Several clauses within the FDD clarify this relationship. The Amendment is executed simultaneously with the Franchise Agreement, indicating they are intended to be signed at the same time. Any terms not specifically defined in the Amendment will carry the same meaning as defined in the original Franchise Agreement, ensuring consistency across both documents.
Furthermore, the FDD states that the Franchise Agreement remains in full effect, except where explicitly modified by the Amendment. This means the original agreement stands unless the Amendment directly changes a specific part of it. The Amendment serves to alter or add to the original Franchise Agreement, not to replace it entirely. This is a common practice in franchising, allowing franchisors to update agreements to reflect changes in law, market conditions, or internal policies without requiring a completely new contract.
Certain state-specific amendments, such as those required by Indiana and Hawaii, highlight specific modifications to the standard Franchise Agreement. For example, the Indiana amendment addresses the payment of initial franchise fees, deferring them until Boulder Designs has met its initial obligations to the franchisee. The Hawaii amendment addresses items such as representations made by the franchisor and removes Article 24 and Exhibit 5 from the agreement. These amendments ensure that the franchise agreement complies with local regulations and protects the franchisee's rights within those states.
Prospective Boulder Designs franchisees should carefully review both the Franchise Agreement and any accompanying Amendments to fully understand their rights and obligations. Understanding how these documents interact is crucial for a successful franchise relationship.