What responsibility does the Boulder Designs franchisee have regarding the acquisition, operation, and maintenance of the Computer System?
Boulder_Designs Franchise · 2025 FDDAnswer from 2025 FDD Document
In addition, Franchisor requires Franchisee to purchase, through an approved supplier, the approved point of sale system ("POS"). Franchisee will be responsible for any ongoing upgrades or updates to the POS, ongoing maintenance packages, and computer and software packages after installation. The computer system and/or POS for your Franchised Business will be dedicated to the operation of the Boulder Designs business and used for no other purpose.
Franchisee shall be solely responsible for protecting itself from disruptions, Internet access failures, Internet content failures, and attacks by hackers and other unauthorized intruders and Franchisee waives any and all claims Franchisee may have against the Franchisor or its affiliates as the direct or indirect result of such disruptions, failures, or attacks. If Franchisee suspects or know of a security breach, Franchisee must immediately give notice of such security breach and promptly identify and remediate the source of any compromise of security breach at Franchisee's sole expense. Franchisee assumes all responsibility for providing all notices of breach or compromise and all duties to monitor credit histories and transactions concerning customers of the BOULDER DESIGNS franchise, unless otherwise directed by the Franchisor.
Franchisee agrees to make all required upgrades and modifications at its expense as may be required by Franchisor.
Franchisee hereby release and agree to hold the Franchisor and its affiliates, and Franchisor's respective officers and directors, harmless from and against any and all claims, liability, damages, or causes of action of any nature arising from, or in connection with, the installation, maintenance, or operation of the information system and its billing and payment processing.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to the 2025 Boulder Designs Franchise Disclosure Document, franchisees are required to purchase an approved point of sale system (POS) from an approved supplier. The franchisee is then responsible for all ongoing upgrades and updates to the POS system, including maintenance, computer, and software packages after the initial installation. The computer system and/or POS must be dedicated solely to the Boulder Designs business.
Boulder Designs franchisees are also responsible for protecting themselves from disruptions such as internet access failures, content failures, and attacks from hackers. Franchisees must immediately report any security breaches and promptly identify and fix the source of the breach at their own expense. They assume all responsibility for providing notices of breaches, monitoring credit histories, and transactions concerning customers, unless Boulder Designs directs otherwise.
Boulder Designs may introduce new methods or technology that require system modifications, including new computer hardware and software. The franchisee is responsible for making all required upgrades and modifications at their own expense as required by Boulder Designs. The franchisee must also release and hold Boulder Designs harmless from any claims, liability, damages, or causes of action related to the installation, maintenance, or operation of the information system and its billing and payment processing.