What right does Boulder Designs Franchising, LLC have regarding entering the premises?
Boulder_Designs Franchise · 2025 FDDAnswer from 2025 FDD Document
- (g) Franchisor shall have the right to enter the Premises to make any modification or alteration necessary to protect the Boulder Designs Franchising, LLC System and Marks (including, without limitation, remove all signs, advertising materials, displays, fixtures, proprietary equipment and inventory, and any other items which display the Marks or are indicative of Boulder Designs Franchising, LLC trade dress) or to cure any default under the Franchise Agreement or under the Lease, without being guilty of trespass or any other crime or tort.
Landlord shall not be responsible for any expenses or damages arising from any such action by Franchisor.
Section 6.6 Right to Inspect
To preserve the validity and integrity of the Marks and any copyrighted materials licensed hereunder, and to ensure that Franchisee is properly employing the Marks in the operation of the Franchised Business, Franchisor and its designees have the right to enter and inspect the Franchised Business and the Approved Location at all reasonable times and, additionally, have the right to observe the manner in which Franchisee renders services and conducts activities and operations, and to inspect facilities, equipment, accessories, products, supplies, reports, forms and documents and related data to ensure that Franchisee is operating the Franchised Business in accordance with the quality control provisions and performance standards established by Franchisor. Such inspections may also include, without limitation, conducting any type of audit or review necessary to evaluate your compliance with all required payments, standards, specifications or procedures. We may, from time to time, make suggestions and give mandatory instructions with respect to your operation of your BOULDER DESIGNS franchise as we consider necessary or appropriate to ensure compliance with the then-current quality standards of the System and to protect the goodwill and image of the System. Franchisor and its agents shall have the right, at any reasonable time, to remove sufficient quantities of products, supplies or other items to test whether such products or items meet Franchisor's then-current standards. Franchisor or its designee has the right to observe Franchisee and its employees during the operation of the Franchised Business and to interview and survey (whether in person or by mail) clients and employees and to photograph or videotape the operations. You expressly agree that these visits will not imply that you are in compliance with your obligations under this Agreement or under the law or that we waive our right to require strict compliance with your obligations under this Agreement or the Manual. Furthermore, such visits will not create any responsibility or liability in our part. If you request that we make additional visits to your BOULDER DESIGNS franchise, you will pay the fees we establish for such visits. You will also allow us to visit your BOULDER DESIGNS franchise with prospective franchisees during your business hours.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to Boulder Designs' 2025 Franchise Disclosure Document, Boulder Designs has specific rights to enter and inspect the premises of a franchised business. Boulder Designs and its designees can enter and inspect the Franchised Business and the Approved Location at all reasonable times. This includes observing how the franchisee provides services and conducts operations. They can also inspect facilities, equipment, accessories, products, supplies, reports, forms, documents, and related data to ensure the franchisee is operating according to Boulder Designs' quality control and performance standards. These inspections may include audits or reviews to evaluate compliance with required payments, standards, specifications, or procedures. Boulder Designs may also make suggestions and give mandatory instructions to ensure compliance with the system's quality standards and protect its goodwill and image.
Boulder Designs and its agents have the right to remove quantities of products, supplies, or other items to test whether they meet the company's standards. They can observe the franchisee and their employees during business operations, interview and survey clients and employees (in person or by mail), and photograph or videotape the operations. The franchisee agrees that these visits do not imply compliance or waive Boulder Designs' right to require strict compliance with the agreement. Additional visits requested by the franchisee will incur fees. The franchisee must also allow Boulder Designs to visit with prospective franchisees during business hours.
Furthermore, Boulder Designs has the right to enter the premises to make any modifications or alterations necessary to protect the Boulder Designs system and marks. This includes removing signs, advertising materials, displays, fixtures, proprietary equipment, inventory, and any other items displaying the marks or indicative of Boulder Designs' trade dress. Boulder Designs can also enter to cure any default under the Franchise Agreement or the lease, without being guilty of trespass or any other crime or tort. The landlord is not responsible for any expenses or damages arising from such actions by Boulder Designs. This ensures Boulder Designs can maintain brand standards and address any operational or contractual issues directly.