Does Boulder Designs require franchisees to service National Accounts under the same terms and pricing?
Boulder_Designs Franchise · 2025 FDDAnswer from 2025 FDD Document
We also reserve the right, to enter into agreements with specific regional or national customers in order to establish a National Account, in any area, including in the Territory. If we establish a National Account in your Territory you agree to service the National Account under the same terms, pricing, and provisions negotiated for the National Account. Under certain circumstances if we determine in our sole discretion that you are not capable of servicing the National Account, or if the volume of services exceed demand at the time, we may authorize other Boulder Designs franchisees or other qualified third-parties to provides the services and you will not be compensated for us or other franchisees providing services within your Territory.
Currently we require you to participate in a National Headstone Program, a Boulder Designs National Account for which we will collect a deposit due per project. Simultaneously with the execution of the franchise agreement, you must execute our National Headstone Program Agreement attached as Exhibit 11 to the franchise agreement. At the time of execution, you must pay a deposit and the deposit is based on template and materials selected by the customer and could vary based on the total project cost ("Project Deposit"). We will provide you with a design proof if one is available and the customer information, upon our receipt of the Project Deposit. Upon your acceptance of the project and completion you are entitled to
Source: Item 12 — TERRITORY (FDD pages 32–34)
What This Means (2025 FDD)
According to Boulder Designs' 2025 Franchise Disclosure Document, franchisees are required to service National Accounts under the same terms, pricing, and provisions negotiated for the National Account. Boulder Designs reserves the right to establish National Accounts in any area, including a franchisee's territory.
However, Boulder Designs retains the discretion to authorize other franchisees or qualified third parties to service a National Account within a franchisee's territory if they determine the franchisee is not capable of handling the account or if the service volume exceeds current capacity. In such cases, the original franchisee will not be compensated for services provided by others within their territory.
Boulder Designs currently requires participation in a National Headstone Program, which is a specific type of National Account. Franchisees must execute a National Headstone Program Agreement and pay a Project Deposit, the amount of which varies based on the project's specifics. Upon completion of the project, the franchisee is entitled to the remaining balance, while Boulder Designs retains the Project Deposit for revenue generated from the lead and sale. Similar to other National Accounts, Boulder Designs can authorize other franchisees or third parties to service National Headstone Program customers if the franchisee is deemed incapable or if demand exceeds capacity, without compensating the original franchisee.