factual

What section of the Boulder Designs Franchise Agreement specifies the reasons for termination?

Boulder_Designs Franchise · 2025 FDD

Answer from 2025 FDD Document

ch additional time as may be reasonably required and as to which Franchisor may consent, provided such request for extension is provided to Franchisor in writing at least 30 days after the Effective Date.

Section 5.4 Failure to Begin Operations

Should Franchisee fail to begin operating the Franchised Business within 180 days after the Effective Date, Franchisor has the right to terminate this Agreement with no refund to Franchisee of any amounts if Franchisee fails to cure such default within a thirty (30) day period.

Section 5.5 Opening

Before opening the Franchised Business and commencing business, Franchisee must:

i. fulfill all of its obligations pursuant to the other provisions of this Section 5.6;

  • ii. furnish Franchisor with copies of all insurance policies required by this Agreement and by the lease (if the Approved Location is leased), or such other evidence of insurance coverage and payment of premiums as Franchisor may request;
  • iii. complete initial training to the satisfaction of Franchisor;
  • iv. hire and train the personnel necessary or required for the operation of the Franchised Business;
  • v. obtain all necessary permits and licenses;
  • vi. purchase all Opening Project inventory not purchased pursuant to Section 5.4, as stated in Section 8.2;
  • vii. if Franchisee is a business entity, Franchisee has caused each of its stock certificates or other ownership interest certificates to be conspicuously endorsed upon the face thereof a statement in a form satisfactory to Franchisor that such ownership interest is held subject to, and that further assignment or transfer thereof is subject to, all restrictions imposed upon transfers and assignments by this Agreement; and
  • viii. pay in full all amounts due to Franchisor, or execute the Promissory Note and Security Agreement (attached hereto as Exhibit 9, if applicable) for any amounts due Franchisor.

Franchisee shall comply with these conditions and be prepared to continuously operate the Franchised Business within 180 days after the Effective Date. Time is of the essence.

5.5.1 BY VIRTUE OF COMMENCING OPERATIONS OF YOUR BUSINESS, FRANCHISEE ACKNOWLEDGES THAT FRANCHISOR HAS FULFILLED ALL OF ITS OBLIGATIONS TO FRANCHISEE THAT FRANCHISOR IS REQUIRED TO FULFILL PRIOR TO THE OPENING OF YOUR BOULDER DESIGNS BUSINESS.

Section 5.6 Use of Approved Location

Franchisee shall not use the Approved Location for any purpose other than for the operation of a BOULDER DESIGNS Business in full compliance with this Agreement and the Manual.

Franchisor may use Franchisee location as a training facility upon notice. If Franchisor elects to use the Franchised Business for training, Franchisor shall provide to Franchisee, in lieu of payment, which shall be considered payment in full, for use of the facilities: 1) the ability for Franchisee to enroll

Franchisee's employees or Internal Managers into the training class being taught by Franchisor at Franchisee's location. There is no limit on the number of times during this Agreement that Franchisor may use the Franchised Business.

Section 5.7 Relocation

Franchisee shall not relocate the Franchised Business without the prior written consent of Franchisor. If the lease for the Approved Location expires or terminates through no fault of Franchisee or if the Franchised Business's premises is destroyed, condemned or otherwise rendered unusable or as otherwise may be agreed upon in writing by Franchisor and Franchisee, Franchisor may allow Franchisee to relocate the Franchised Business in accordance with Franchisor's then-current site selection procedures. Any such relocation shall be at Franchisee's sole expense. Franchisor has the right to charge Franchisee for any costs incurred by Franchisor in providing assistance to Franchisee, including, but not limited to, legal and accounting fees.

Source: Item 22 — CONTRACTS (FDD page 50)

What This Means (2025 FDD)

According to the 2025 Boulder Designs Franchise Disclosure Document, several sections within Item 22, "Contracts," discuss circumstances that could lead to the termination of the Franchise Agreement. Section 5.4 outlines that Boulder Designs has the right to terminate the agreement if the franchisee fails to begin operating the franchised business within 180 days after the effective date, and fails to correct this within a 30-day cure period. Additionally, the document states that Boulder Designs has the right to terminate the agreement if the franchisee violates the standards of quality and service, honesty, integrity, fair dealing, and ethical conduct as detailed in the franchise agreement.

Section 5.5 lists several conditions that the franchisee must fulfill before opening their Boulder Designs business. These include furnishing copies of insurance policies, completing initial training, hiring and training necessary personnel, obtaining necessary permits and licenses, purchasing required inventory, ensuring stock certificates are properly endorsed, and paying all amounts due to Boulder Designs. Failure to comply with these conditions and continuously operate the business within 180 days after the effective date may also provide grounds for termination.

Furthermore, Section 17.3 addresses unfair competition, stating that a franchisee cannot use reproductions or imitations of Boulder Designs' trademarks in other businesses. The agreement also states that Boulder Designs has the right to terminate the agreement if the franchisee violates the covenant not to compete as described in Sections 17.1 and 17.2. These sections outline restrictions on operating competitive businesses or soliciting customers or employees of Boulder Designs or its franchisees during and after the term of the franchise agreement. These sections are designed to protect Boulder Designs' trade secrets, confidential information, and franchise network.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.