When are all sums owing to Boulder Designs due after the Effective Date of Termination or Expiration of the Agreement?
Boulder_Designs Franchise · 2025 FDDAnswer from 2025 FDD Document
- vi. pay all sums owing, after the Effective Date of Termination or Expiration of this Agreement through the date that Franchisee completes all post termination obligations required under this Agreement, to Franchisor, and any Affiliate, which may include, but not be limited to, all damages, liquidated damages, costs and expenses, unpaid Royalty Fees, Marketing Fee, Technology Fee, or any other amounts due to Franchisor or any Affiliate within five (5) days after Termination or expiration of this Agreement or the date on which Franchisee completes all post-termination obligations required under this Agreement, whichever occurs first;
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to Boulder Designs' 2025 Franchise Disclosure Document, all outstanding payments to Boulder Designs, including damages, liquidated damages, costs, expenses, unpaid Royalty Fees, Marketing Fees, Technology Fees, or any other amounts owed to Boulder Designs or its affiliates, become due within five days after the termination or expiration date of the Franchise Agreement. This also applies to the date on which the franchisee completes all post-termination obligations, whichever comes first.
This means that a franchisee must promptly settle all financial obligations with Boulder Designs upon the end of their franchise term, whether through termination or expiration. This includes not only standard fees but also any additional costs or damages that may arise from the termination process or from failing to meet obligations under the agreement. The franchisee is responsible for ensuring all post-termination duties are fulfilled to avoid further financial penalties.
The quick turnaround time for payment emphasizes the importance of financial planning for the end of the franchise agreement. Franchisees should be prepared to make these payments promptly to avoid potential legal action or additional fees. It is also important to understand what constitutes 'post-termination obligations' to ensure compliance and avoid further financial penalties.
This requirement is fairly standard in the franchise industry, as franchisors typically want to ensure a clean break and prompt settlement of accounts upon termination or expiration of an agreement. Franchisees should carefully review their franchise agreement and consult with legal and financial advisors to fully understand their obligations and plan accordingly.