Which sections of the Boulder Designs Franchise Agreement are deleted in their entirety by the Maryland amendment?
Boulder_Designs Franchise · 2025 FDDAnswer from 2025 FDD Document
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- Article 24 is deleted in its entirety.
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- Exhibit 5 to the Franchise Agreement is hereby removed in its entirety.
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- Any provision of a franchise agreement, franchise disclosure document, acknowledgement, questionnaire, or other writing, including any exhibit thereto, disclaiming or denying any of the following shall be deemed contrary to public policy and shall be void and unenforceable:
- (a) Representations made by the franchisor or its personnel or agents to a prospective franchisee.
- (b) Reliance by a franchisee on any representations made by the franchisor or its personnel or agents.
- (c) Reliance by a franchisee on the franchise disclosure document, including any exhibit thereto.
- (d) Violations of any provision of this division.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to the 2025 Boulder Designs Franchise Disclosure Document, the Maryland amendment deletes specific sections of the standard franchise agreement. Article 24 of the agreement is removed completely. Additionally, Exhibit 5 to the Franchise Agreement is also removed in its entirety.
Furthermore, the Maryland amendment stipulates that any provision within the franchise agreement, franchise disclosure document, or any related writing that disclaims or denies certain rights is considered against public policy and therefore unenforceable. These rights include the franchisee's ability to rely on representations made by Boulder Designs, its personnel, or agents, as well as reliance on the franchise disclosure document itself. This also covers violations of any provision of the Maryland franchise law.
For a prospective Boulder Designs franchisee in Maryland, this amendment provides additional legal protections. It ensures that franchisees can hold Boulder Designs accountable for representations made during the franchise sales process and that they can rely on the information provided in the FDD. The amendment also prevents Boulder Designs from enforcing clauses that would waive the franchisee's rights under Maryland franchise law.