Who is responsible for ensuring that the Boulder Designs Franchised Business is designed, constructed, or improved in accordance with System standards?
Boulder_Designs Franchise · 2025 FDDAnswer from 2025 FDD Document
in the Project Deposit for revenue generated inside and outside the Franchisee's Territory as a result of the lead provided by the Franchisor and sale from the National Headstone Program projects assigned to the Franchisee as national headstone accounts fee ("National Headstone Accounts Fee"). Franchisee acknowledges that the National Headstone Accounts Fee is reasonable amount enforced by the Franchisor, as a fee for obtaining the project, maintaining the website for the National Headstone Program, heavily marketing the services to continuously obtain more leads for the participant franchisees, and for the administrative costs related to the National Headstone Program. Franchisee shall be solely responsible for collecting any additional information directly from a customer for creation and construction of the product. Franchisee shall be further responsible for finalizing the design for the customer and submitting the same to the Franchisor. Failure to submit the finalized design shall be considered a default of this Agreement.
- e. Standards. All work performed pursuant to this Agreement shall be done by the Franchisee in accordance with the operational systems, procedures, policies, methods and requirements as identified by the Franchisor.
- f. Repair or Replacement Products. Franchisee shall be responsible for providing any repair or replacement work for National Headstone Program customers Franchisee serviced. Franchisee shall make such repairs or replacements within thirty (30) days, subject to reasonable work conditions due to climate after Franchisee is served a valid claim from the customer. Franchisee shall be responsible for the costs of any materials, overhead, and/or labor required to bring the products within the standards prescribed by the Franchisor. In the event Franchisee fails to make any repairs or replacements as required hereunder, the Franchisor may undertake and/or arrange for such repair or replacements and charge Franchisee for the cost of effecting such repairs or replacements, including costs for labor, materials and overhead. Franchisor shall have the right to apply any payments by Franchisee to any past due indebtedness of Franchisee including payments under the Franchise Agreement in any proportion or priority. . Franchisor's acceptance of payment from any entity other than the named Franchisee shall be deemed to be payment by the named Franchisee and shall not be deemed to be recognition or substitution of the paying entity for the named Franchisee.
- Boulder Designs® 2 g. Non-Participation by the Franchisee. For each project generated pursuant to the National Headstone Program, the Franchisor in its sole discretion will determine if the franchisee is qualified. The certification process to be qualified will be based on but not limited to the Franchisee's capabilities of being able to construct several different models of headstones, benches, and related accessories offered to customers pursuant to the National Headstone Program website. In the event (i) Franchisee refuses or, in Franchisor's
sole judgement, is not certified, or the volume needed exceeds Franchisee's abilities, or Franchisee is not available to perform services or otherwise cannot or does not perform services for any National Headstone Program customer located within the Territory, or (ii) Franchisee requests assistance in the performance of National Headstone Program services, or (iii) a National Headstone Program customer, orally or in writing, specifically requests services within the Territory from a different franchisee or any other third party, Franchisor has the right to authorize another franchisee, designate or authorize a Franchisor or its affiliate's employee, Franchisor's affiliate, or any other third party to perform services for or sell products to said National Headstone Program customers inside the Territory. Franchisor is not obligated to pay nor the Franchisee shall be entitled to any compensation or finder's fees with respect to either acquiring National Headstone Program, Franchisee's participation in National Headstone Program, or another party including Franchisor fulfilling National Headstone Program projects in the Territory. In the event the Franchisee refuses to service a customer lead generated through the National Headstone Program, and later if the Franchisee services such client for products or services as offered under the National Headstone Program, regardless if the customer is within the Franchisee's Territory, the Franchisee shall be responsible for the payment of commission in the amount of 50% of gross revenue to the Franchisor and in addition the Franchisor in its sole discretion retains the right to terminate this this Agreement or Franchise Agreement at its sole discretion.
- h. Reservation of Rights. Franchisor reserves and the Franchisee expressly acknowledges the Franchisor's exclusive right, but not the obligation, to negotiate directly or through an authorized third party (including, another franchisee) with national clients for the provision of goods and services by all System franchisees under this National Headstone Program or through any future national accounts programs that may be implemented by the Franchisor. Franchisor further reserves the right to terminate or change the terms of the National Headstone Program at its sole discretion upon written notice to the Franchisee which may be in the form of an electronic communication.
- i. Indemnification. Franchisee and Principals, jointly and severally, shall indemnify Franchisor and its officers, directors, shareholders, agents, and employees, in their individual or corporate capacities, from and against any and all claims, damages, or demands of any nature, whatsoever, arising out of or relating to this Agreement or the operation of the BOULDER DESIGN franchised businesses under the terms of the Franchise Agreements, this Agreement, or any other agreement between the Franchisor and the Franchisee and/or Guarantors.
The Franchisee further expressly acknowledges and agrees that all work completed by the Franchisee pursuant to this National Headstone Program shall be Franchisee's sole responsibility and shall indemnify the Franchisor in the event Franchisor incurs any cost or expense including but not limited to any claims as a result of the project completed by the Franchisee, or delivery and installation thereof. In the event a repair or warranty work needs to be done for the project completed by the Franchisee, Franchisor has the right to facilitate any warranty repairs and pass the costs onto Franchisee.
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- Governing Law. This Agreement is entered into in the State of Texas and shall be construed and interpreted in accordance with the laws of the State of Texas, without regard to any conflict of law principles.
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- Construction. Capitalized terms shall have the meaning ascribed to them in the Franchise Agreement unless otherwise defined in this Agreement.
- Boulder Designs® 3 5. General Release. In consideration of the Franchisor entering into this Agreement, Franchisee, Guarantors, and their members, for themselves and all persons and entities claiming by, through, or under, hereby fully, generally, and completely release Franchisor, and its affiliates, representatives, employees, and officers from any and all claims, demands, liabilities, damages, causes of action of any kind, whether
Franchise Agreement | 2025
known or unknown, liquidated or unliquidated, accrued or unaccrued, whether based in statute, equity, contract, tort or any other grounds, arising out of, related to, or under the Franchise Agreement, and/or sale of the BOULDER DESIGNS franchise opportunity on or prior to the Effective Date of this Agreement.
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- Enforceability.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to Boulder Designs' 2025 Franchise Disclosure Document, the franchisee is responsible for ensuring the Boulder Designs business adheres to system standards in several key areas. The franchisee is responsible for collecting information from customers for product creation and construction, finalizing designs for customer submission to the franchisor, and performing all work according to the franchisor's operational systems, procedures, policies, methods, and requirements. This includes repair or replacement work for National Headstone Program customers, ensuring these are completed within thirty days, weather permitting, and covering the costs of materials, overhead, and labor to meet the franchisor's standards.
The franchisee must prominently display approved signage at their own expense, obtaining necessary permits and licenses, and adhering to quality and customer service standards set by Boulder Designs. For franchisees operating a brick and mortar location, maintaining minimum business hours is also required. The franchisee or an internal manager who has completed the franchisor's training program must directly supervise the business, ensuring day-to-day operations align with the franchise agreement.
Furthermore, franchisees cannot make changes to building plans, designs, layouts, décor, equipment, or signage without the franchisor's prior written consent, ensuring consistency with brand standards. The franchisor retains the right to inspect the franchised business to ensure compliance with quality control and performance standards, and can provide mandatory instructions to maintain these standards. Ultimately, the franchisee is accountable for maintaining high standards of quality and service, resolving customer complaints, and adhering to ethical conduct in all business dealings to protect the reputation and goodwill of the Boulder Designs brand.