Does Boulder Designs have the right to seek injunctive relief from any court of competent jurisdiction?
Boulder_Designs Franchise · 2025 FDDAnswer from 2025 FDD Document
| Provision | Section in the | Summary | |
|---|---|---|---|
| Franchise Agreement | |||
| a. Length of the franchise | Section 4.1 | 10 years. | |
| term | |||
| b. Renewal or extension of | Section 4.2 | Additional 10-year term if certain conditions | |
| the term | are met. | ||
| Provision | Section in the Franchise Agreement | Summary or modify their business relationship with Us, our Affiliate(s) or any other franchisee. | |
| s. Modification of the | Sections 9.2 and | The Franchise Agreement can be modified | |
| agreement | 22.6 | only by written agreement between you and us. | |
| t. Integration/merger clause | Section 22.6 | Only the terms of the Franchise Agreement and all exhibits to the Franchise Agreement are binding (subject to state law). Any representations or promises made outside of the disclosure document and the Franchise Agreement may not be enforceable. | |
| u. Dispute resolution by arbitration or mediation | Section 23.7 | Except for actions or claims for injunctive relief or specific performance or relating to the Marks, Trade Secrets or Confidential Information, all disputes must be mediated in McLennan County, Texas. (Subject to state law) | |
| v. Choice of forum | Section 23.2 | Litigation must be initiated and maintained in the judicial district in which our principal place of business is located at the time the lawsuit was initiated, currently Waco, Texas. We have the right to seek injunctive relief from any court of competent jurisdiction. (Subject to state law) |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 38–44)
What This Means (2025 FDD)
According to Boulder Designs' 2025 Franchise Disclosure Document, Boulder Designs retains the right to seek injunctive relief from any court of competent jurisdiction. This is outlined in Section 23.2 of the Franchise Agreement, which addresses the choice of forum for litigation.
This provision means that Boulder Designs can pursue legal action to stop a franchisee from doing something that the company believes is causing immediate and irreparable harm, such as misusing trademarks or disclosing confidential information. Injunctive relief is a powerful legal tool that can provide a quick remedy compared to traditional lawsuits.
However, the FDD also notes that these provisions are subject to state law, meaning that the enforceability of this right may vary depending on the specific state where the franchise is located. For example, the addendum for North Dakota states that certain provisions, including those related to choice of law and forum, may be unenforceable under North Dakota law. Therefore, a franchisee's rights and obligations could be influenced by local regulations, potentially modifying the franchisor's ability to pursue injunctive relief in certain jurisdictions.