What representation does a franchisee make by signing the Boulder Designs Franchisee Disclosure Questionnaire?
Boulder_Designs Franchise · 2025 FDDAnswer from 2025 FDD Document
As you know, Boulder Designs Franchising, LLC and you are preparing to enter into a Franchise Agreement for the operation of a Franchised Business. In this Franchisee Disclosure Questionnaire, Boulder Designs Franchising, LLC will be referred to as "Boulder Designs", "We" or "Us." The purpose of this Questionnaire is to determine whether any statements or promises were made to you that we did not authorize and that may be untrue, inaccurate or misleading.
NOTICE FOR PROSPECTIVE FRANCHISEES WHO RESIDE IN, OR WHO INTEND TO OPERATE THE FRANCHISED BUSINESS IN THE STATE OF CALIFORNIA, MARYLAND, OR WASHINGTON: DO NOT COMPLETE THIS QUESTIONNAIRE OR TO RESPOND TO ANY OF THE QUESTIONS IN THIS QUESTIONNAIRE.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to Boulder Designs' 2025 Franchise Disclosure Document, the Franchisee Disclosure Questionnaire serves to identify any unauthorized or misleading statements made during the franchise sales process. By completing this questionnaire, the prospective franchisee is essentially confirming that they have not relied on any promises or representations from Boulder Designs that are not documented and authorized by the company.
This is a standard practice in franchising to ensure transparency and protect both the franchisor and franchisee. It prevents franchisees from later claiming they were promised something that isn't in the official agreements. However, the FDD states that prospective franchisees who reside in, or who intend to operate the franchised business in the state of California, Maryland, or Washington should not complete the questionnaire or respond to any of the questions in the questionnaire.
For a prospective Boulder Designs franchisee, this means it's crucial to carefully review all documents and disclosures provided. Any expectations or understandings should be clearly stated in the Franchise Agreement or the Franchise Disclosure Document. If something was promised verbally but isn't in writing, the franchisee should address it before signing the agreement. This questionnaire is a tool for Boulder Designs to verify that no unauthorized claims were made, and the franchisee's signature confirms this understanding.
It is important to note that this questionnaire does not cover all aspects of the franchise agreement. Franchisees should still conduct their own independent investigation and seek legal counsel to fully understand their rights and obligations. The questionnaire specifically addresses unauthorized statements, but other sections of the Franchise Agreement cover topics such as territory rights, fees, and termination conditions, all of which require careful consideration.