Who is solely responsible for identifying the Approved Location for a Boulder Designs franchise?
Boulder_Designs Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee may choose to operate the Franchised Business out of a private residence or commercial business office, both of which must be located in the Franchisee's Territory as defined on the Key Terms page or as otherwise identified in Exhibit 1, as attached to this Agreement as of the Effective Date. In the event Franchisee chooses not to operate the Franchised Business out of the Franchisee's owners' home, Franchisee shall promptly select a site for the Franchised Business and shall notify Franchisor of such selection by submitting Franchisor's Site Selection form with all supporting data and attachments. If Franchisor approves such selection, the site shall be designated as the Approved Location. If Franchisor does not approve of such selection, Franchisee shall select and notify Franchisor of new sites until Franchisor approves a site for the Franchised Business. Franchisor shall provide Franchisee with general guidelines to assist Franchisee in selecting a site suitable for the Approved Location. Franchisor has the right to approve or disapprove a proposed location based on such factors as it deems appropriate, including, without limitation: the condition of the premises; demographics of the surrounding area; proximity to other BOULDER DESIGNS Businesses and competitors; lease requirements; and overall suitability. Franchisor shall notify Franchisee of its approval or disapproval of a proposed site within 30 calendar days after Franchisor receives all information submitted from Franchisee. Franchisor will not unreasonably withhold approval; however, if Franchisor and Franchisee cannot agree on a location for the Franchised Business, Franchisor may in its sole discretion allow more time for site selection or terminate the Franchise Agreement. If the Franchise Agreement is terminated Franchisee is not entitled to any refund of the initial franchise fee or other deposits paid to Franchisor. If the Franchisor fails to respond in writing to the Selection of Site request within 45 calendar days, the site is deemed approved if the Site is in the Franchisee's Territory. If operating from Franchisee's home the site will be deemed automatically approved upon submission to Franchisor, provided the site is located within the Franchisee's Territory.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to Boulder Designs's 2025 Franchise Disclosure Document, the franchisee is primarily responsible for selecting a site for their franchised business. The franchisee must notify Boulder Designs of their site selection by submitting a Site Selection form with all required data. Boulder Designs then has the right to approve or disapprove the proposed location based on factors they deem appropriate, such as the condition of the premises, demographics, proximity to competitors, lease requirements, and overall suitability.
Boulder Designs provides general guidelines to assist the franchisee in selecting a suitable site. The franchisor must notify the franchisee of their decision within 30 calendar days after receiving all the necessary information. While Boulder Designs will not unreasonably withhold approval, they retain the discretion to allow more time for site selection or terminate the Franchise Agreement if an agreement cannot be reached. If the agreement is terminated, the franchisee will not receive a refund of the initial franchise fee or other deposits.
If Boulder Designs fails to respond in writing to the site selection request within 45 calendar days, the site is considered approved, provided it is within the franchisee's designated territory. If the franchisee chooses to operate the business from their home, the site is automatically approved upon submission to Boulder Designs, as long as it is within the franchisee's territory. This process highlights the importance of the franchisee taking initiative in site selection while adhering to Boulder Designs's guidelines and approval process.