What section number in the Boulder Designs Franchise Agreement contains the integration/merger clause?
Boulder_Designs Franchise · 2025 FDDAnswer from 2025 FDD Document
| 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. |
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, the integration/merger clause is found in Section 22.6 of the Franchise Agreement. This clause specifies that only the terms outlined in the Franchise Agreement and its exhibits are legally binding, subject to state law. This means that any promises or representations made outside of the Franchise Disclosure Document and the Franchise Agreement itself may not be enforceable.
For a prospective Boulder Designs franchisee, this clause is important because it limits the scope of the agreement to the written document. It protects both the franchisee and the franchisor by ensuring that verbal agreements or promises not included in the written contract are not legally binding. This encourages both parties to ensure all important terms and conditions are documented in the Franchise Agreement.
It is a common practice in franchising to include an integration clause to provide clarity and certainty regarding the terms of the agreement. Franchisees should carefully review Section 22.6 to understand the full implications of this clause and to confirm that all agreed-upon terms are included in the written agreement. This helps avoid misunderstandings or disputes later on, as only what is written in the agreement will be considered legally enforceable.