What is Boulder Designs' requirement for franchisees to continuously promote their Franchised Business?
Boulder_Designs Franchise · 2025 FDDAnswer from 2025 FDD Document
y requirements or issuing credit card companies. Franchisee shall at all times comply with all payment card industry data security standards laws and regulations including any laws applicable to abandoned property and escheat and shall hold Franchisor harmless from any and all claims and liabilities.
Section 13.11 Best Efforts
Franchisee shall use its best efforts to promote and increase the sales and recognition of services offered through the Franchised Business. Franchisee shall require all of Franchisee's independent contractors, employees, Internal Managers, officers, agents and representatives to use best efforts to enhance and
improve the System and the sales of all services and products provided as part of the System. Best efforts are defined as set forth in Section 2.6 hereof. Franchisor will have the sole discretion to issue a Notice of Termination with 60 days right to cure or in the alternative, Franchisee may lose territorial exclusivity.
Franchisee is encouraged to submit suggestions, in writing, to Franchisor for improving elements of the system, including products, services, equipment, service format, advertising and any other relevant matters, that Franchisor considers adopting or modifying standards, specifications and procedures for the system. Franchisee agrees that any suggestions made are Franchisor's exclusive property. Franchisor has no obligation to use any suggestions. If any suggestion is implemented by Franchisor, said suggestion will become part of the system and no compensation is owed to Franchisee. Franchisee may not use any suggestions inconsistent with Franchisee's obligations under this agreement without our written consent.
Franchisee shall operate the Franchised Business so that it is clearly identified and advertised as a "Boulder Designs" business. Franchisee shall use the trademark "BOULDER DESIGNS" and the other Marks which now or hereafter may form a part of the System, on all signs, paper supplies, business cards, uniforms, advertising materials, technology platforms, signs and other articles in the identical combination and manner as the Franchisor may prescribe in writing and the Franchisee shall supply to the Franchisorsamples or photographs of the same upon Franchisor's request.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to Boulder Designs' 2025 Franchise Disclosure Document, franchisees are required to use their best efforts to promote and increase sales and recognition of the services offered through their franchised business. This obligation extends to ensuring that all of the franchisee's independent contractors, employees, managers, officers, agents, and representatives also use their best efforts to enhance and improve the Boulder Designs system and sales. Failure to meet this requirement may result in a Notice of Termination with a 60-day right to cure, or potentially losing territorial exclusivity.
To ensure brand consistency and recognition, Boulder Designs franchisees must operate their business in a way that it is clearly identified and advertised as a "Boulder Designs" business. Franchisees are obligated to use the "BOULDER DESIGNS" trademark and other marks that are part of the system on all signs, paper supplies, business cards, uniforms, advertising materials, technology platforms, and other articles. The combination and manner of use must be identical to what Boulder Designs prescribes in writing. Franchisees must also provide samples or photographs of these materials upon Boulder Designs' request and comply with all trademark, trade name, service mark, and copyright notice marking requirements.
Furthermore, franchisees are required to prominently display signs, at their own expense, both inside and outside their Boulder Designs business premises. These signs must adhere to the form, color, number, location, and size, and contain the marks that Boulder Designs designates. Franchisees are responsible for obtaining all necessary permits and licenses for these signs and ensuring they comply with all applicable laws and ordinances. Boulder Designs retains the right to require franchisees to update their signage at any time, with the franchisee bearing the sole expense. Franchisees are prohibited from displaying any sign or advertising that Boulder Designs objects to.