Is Boulder Designs responsible for making any representations to the Franchisee regarding legal requirements that the Franchisee must satisfy in connection with operating the Franchised Business?
Boulder_Designs Franchise · 2025 FDDAnswer from 2025 FDD Document
ble laws may require Franchisor to disclose Franchisee's name, home address and telephone number and Franchisee consents to such disclosure. Franchisee must notify Franchisor of any change in Franchisee's name, home address and telephone number within 10 days of the change. Franchisee releases Franchisor and its officers, directors, stockholders, agents, employees, and successors and assigns from all claims arising out of or related to Franchisor's disclosure of such information.
Section 24.4 Risk
Franchisee represents it has conducted an independent investigation of the business contemplated by this Agreement and acknowledges that, like any other business, an investment in a BOULDER DESIGNS Business involves business risks and the success of the venture is dependent, among other factors, upon the business abilities and efforts of Franchisee. Franchisor makes no representations or warranties, express or implied, in this Agreement or otherwise, as to the potential success of the business venture contemplated hereby. In addition, Franchisor makes no warranty as to Franchisees ability to operate the Franchised Business in the Territory. It is Franchisee's obligation to seek or obtain advice of counsel specifically on this issue. If legislation enacted by, or regulation of, any governmental body restricts or prevents Franchisee's operation of the Franchised Business in the Territory, the Franchisor is not liable for damages, nor required to indemnify Franchisee or to return any monies received from Franchisee.
Section 24.5 No Guarantee of Success
Franchisee represents and acknowledges it has not received or relied on any guarantee, express or implied, as to the revenues, profits or likelihood of success of the Franchised Business.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to Boulder Designs' 2025 Franchise Disclosure Document, franchisees are responsible for understanding and adhering to all applicable laws and regulations. Boulder Designs does not offer guarantees regarding a franchisee's ability to operate within a specific territory, particularly if governmental regulations impede business operations. Franchisees bear the responsibility of seeking legal counsel on this matter. Boulder Designs is not liable for damages or required to provide refunds if legislation restricts a franchisee's business operation.
Boulder Designs requires franchisees to comply with all federal, state, and local laws, rules, and regulations regarding data security, protection, and privacy, including, if applicable, the California Consumer Privacy Act ("CCPA"). Franchisees must also adhere to any privacy policies, data protection policies, and breach response policies that Boulder Designs may periodically establish. Franchisees are obligated to immediately notify Boulder Designs of any actual or suspected data breach related to the franchised business.
Furthermore, franchisees are responsible for obtaining all necessary permits and licenses for their signs and ensuring that these signs comply with all applicable laws and ordinances. This indicates that franchisees must independently ensure their business operations, including signage and data handling, are legally compliant, without direct assurance or assumption of responsibility by Boulder Designs.