Is Boulder Designs required to grant a franchisee the same variations or privileges that it grants to other Boulder Designs centers?

According to Boulder Designs' 2025 Franchise Disclosure Document, Boulder Designs is not required to offer a franchisee the same variations or privileges it may grant to other franchisees. Section 10.3 of the franchise agreement gives Boulder Designs the right to vary standards or specifications for any franchisee. These variations can be based on the franchisee's qualifications, the site's peculiarities, the demographics of the trade area, business potential, existing business practices, or any other condition Boulder Designs deems important to the success of that particular Boulder Designs Business.

This means that a Boulder Designs franchisee may not be able to demand the same advantages or exceptions that another franchisee receives. For example, if Boulder Designs allows a franchisee in a specific location to use a non-standard building design due to local zoning laws, another franchisee cannot automatically claim the same right.

This clause provides Boulder Designs with flexibility in adapting to different market conditions and franchisee capabilities. However, it also introduces an element of potential inequality among franchisees, as some may operate under more favorable conditions than others. Prospective franchisees should consider this when evaluating the fairness and consistency of the Boulder Designs franchise system. They may want to inquire about the criteria Boulder Designs uses when granting variances and how these decisions are made.