What is the term of the license granted to Boulder Designs to use the domain name www.boulderdesigns.net?
Boulder_Designs Franchise · 2025 FDDAnswer from 2025 FDD Document
Our affiliate, Mogavero Investments has granted us a license, dated December 1, 2017, to use and sublicense for the use of its domain name www.boulderdesigns.net. The term of the license is for 99 years; however, the license agreement may be terminated if we take any affirmative act of insolvency, if a receiver or trustee is appointed to take possession of our properties and is not discharged within 90 days, if we wind up, sell, consolidate or merge our business, or if we breach any of our duties and obligations under the license and do not cure the breach within 60 days following written notice of the breach. You will have continued right to the proprietary information even if we are terminated.
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 36–37)
What This Means (2025 FDD)
According to Boulder Designs's 2025 Franchise Disclosure Document, the license granted to Boulder Designs to use the domain name www.boulderdesigns.net is for a term of 99 years. This license was granted by Boulder Designs's affiliate, Mogavero Investments, and is dated December 1, 2017. This means Boulder Designs has the right to use and sublicense the domain for its franchise operations for a substantial period.
However, the license agreement can be terminated under certain conditions. These conditions include Boulder Designs taking any affirmative act of insolvency, the appointment of a receiver or trustee to take possession of its properties that is not discharged within 90 days, winding up, selling, consolidating, or merging the business, or breaching any duties and obligations under the license without curing the breach within 60 days of written notice.
Importantly, the FDD states that franchisees will retain the right to the proprietary information even if the license is terminated. This suggests that while Boulder Designs's access to the domain name could be affected, the franchisee's rights to use the proprietary information associated with the franchise will continue. This provides some assurance to franchisees that their business operations will not be completely disrupted if Boulder Designs loses the domain license.