Who is responsible for the costs associated with maintenance, refurbishing, renovating, and remodeling required for Boulder Designs franchise renewal?
Boulder_Designs Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee recognizes that from time to time, Franchisor may introduce, as part of the System, other methods or technology which require certain System modifications including, without limitation, the adoption and use of modified or substitute Marks, new computer hardware and software, equipment, signs or fixtures. Franchisee agrees to make all required upgrades and modifications at its expense as may be required by Franchisor. Franchisee agrees to comply with Franchisor's directions within a reasonable time after receiving notice of such changes. Franchisor is not required to reimburse Franchisee for any costs or expenses associated with making such trade or service mark changes, for any loss of revenue due to any modified or discontinued Mark, or for your expenses in promoting a modified or substitute trademark or service mark. Any other additional investment other than modification or substitution of Marks is required to be made in the last year of the initial term, Franchisee may avoid making the investment by providing notice of intent not to renew the Franchise Agreement unless the investment is in connection with a modification to the System required by law or court order. Franchisee acknowledges any required expenditures for changes or upgrades to the System shall be in addition to expenditures for refurbishment, remodeling, repairs and maintenance as required in Article 5 of this Agreement.
If this Franchise Agreement is signed as part of the transfer of an existing franchise, or renewal of an existing franchise, then the construction required under this Section 10 shall be the renovation of Franchisee's BOULDER DESIGNS business in accordance with the provisions of the predecessor franchise agreement. If, at our sole discretion, the Franchisor allow Franchisee to complete the renovation after signing this Agreement, the renovation must be completed in accordance with the provisions of this Section 10.
Franchisee may not make any changes to any building plan, design, layout or décor, or any equipment or signage in your BOULDER DESIGNS business without Franchisee's prior written consent, and such damages may not be contrary to the Brand Standard specifications.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to Boulder Designs' 2025 Franchise Disclosure Document, the franchisee is generally responsible for the costs of upgrades, modifications, refurbishment, remodeling, repairs, and maintenance to the Boulder Designs business. Specifically, if the Franchise Agreement is signed as part of the renewal of an existing franchise, the franchisee bears the cost of renovating the Boulder Designs business in accordance with the terms of the predecessor franchise agreement.
Boulder Designs may introduce new methods or technology that require system modifications, including modified trademarks, new computer hardware and software, equipment, signs, or fixtures. The franchisee agrees to make all required upgrades and modifications at their own expense as required by Boulder Designs. Boulder Designs is not required to reimburse the franchisee for any costs associated with these changes or any loss of revenue due to modified trademarks.
However, if additional investments other than modifications to trademarks are required in the last year of the initial term, the franchisee may avoid making the investment by providing notice of intent not to renew the Franchise Agreement, unless the investment is related to a modification to the system required by law or court order. The franchisee also cannot make changes to any building plan, design, layout, decor, equipment, or signage without prior written consent from Boulder Designs.