What steps should a Boulder Designs franchisee take to protect itself from E-Problems?
Boulder_Designs Franchise · 2025 FDDAnswer from 2025 FDD Document
E-Problem Disclaimer
Computer systems are vulnerable in varying degrees to computer viruses, bugs, power disruptions, communication line disruptions, internet access failures, internet content failures and similar problems, and attacks by hackers and other unauthorized intruders ("E-Problems"). We do not guarantee that information or communication systems that we or others supply will not be vulnerable to E-Problems. It is your responsibility to protect yourself from E-Problems. You should also take reasonable steps to verify that your suppliers, third-party vendors, lenders, landlords, and governmental agencies on which you rely, have reasonable protection from E-Problems. This may include taking reasonable steps to secure your systems (including firewalls, password protection and anti-virus systems) and to provide backup systems.
Operations Manual
We will loan to you, during the term of the Franchise Agreement, one copy of the Set of Manuals containing reasonable and mandatory specifications, standards, operating procedures and rules prescribed by us for Boulder Designs Businesses and information relative to you other obligations and the operation of a Boulder Designs Business. You must maintain a current, updated copy of the Set of Manuals. If there are any disputes over the contents of the Manual, the terms of the master copy maintained at our headquarters will control. Our interpretations of the provisions of the Manuals are controlling, and you must abide by our interpretations. We will have the right to periodically add to and otherwise modify the Manuals to reflect changes in the specifications, standards, operating procedures and rules required by us for Boulder Designs Businesses.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to Boulder Designs' 2025 Franchise Disclosure Document, it is the franchisee's responsibility to protect itself from what the FDD terms "E-Problems." These E-Problems include computer viruses, bugs, power and communication line disruptions, internet access and content failures, and attacks by hackers. Boulder Designs does not guarantee that its systems, or those supplied by others, are invulnerable to these issues.
To mitigate these risks, a Boulder Designs franchisee should take reasonable steps to secure their own systems. This includes implementing firewalls, password protection, and anti-virus systems. Additionally, franchisees should establish backup systems to ensure business continuity in the event of a system failure or security breach.
Furthermore, the franchisee should also verify that suppliers, third-party vendors, lenders, landlords, and governmental agencies they rely on have reasonable protection against E-Problems. If a franchisee suspects or knows of a security breach, they must immediately notify Boulder Designs and promptly identify and remediate the source of the breach at their own expense. The franchisee is also responsible for providing all notices of breach or compromise and monitoring credit histories and transactions concerning customers, unless otherwise directed by Boulder Designs.