Are there any exceptions to the mediation requirement for Boulder Designs disputes?
Boulder_Designs Franchise · 2025 FDDAnswer from 2025 FDD Document
| Provision | Section in the | Summary | |
|---|---|---|---|
| Franchise Agreement | |||
| a. Length of the franchise | Section 4.1 | 10 years. | |
| term | |||
| b. Renewal or extension of | Section 4.2 | Additional 10-year term if certain conditions | |
| the term | are met. | ||
| Provision | Section in the Franchise Agreement | Summary or modify their business relationship with Us, our Affiliate(s) or any other franchisee. | |
| s. Modification of the | Sections 9.2 and | The Franchise Agreement can be modified | |
| agreement | 22.6 | only by written agreement between you and us. | |
| t. Integration/merger clause | Section 22.6 | Only the terms of the Franchise Agreement and all exhibits to the Franchise Agreement are binding (subject to state law). Any representations or promises made outside of the disclosure document and the Franchise Agreement may not be enforceable. | |
| u. Dispute resolution by arbitration or mediation | Section 23.7 | Except for actions or claims for injunctive relief or specific performance or relating to the Marks, Trade Secrets or Confidential Information, all disputes must be mediated in McLennan County, Texas. (Subject to state law) |
Source: Item 20 — OUTLETS AND FRANCHISEE INFORMATION (FDD pages 44–50)
What This Means (2025 FDD)
According to Boulder Designs's 2025 Franchise Disclosure Document, disputes are generally required to be mediated. However, there are specific exceptions to this requirement.
The mediation requirement does not apply to actions or claims for injunctive relief or specific performance. This means that if Boulder Designs or a franchisee seeks a court order to compel certain actions or to prevent certain behaviors, they are not required to go through mediation first.
Additionally, disputes relating to the Marks, Trade Secrets, or Confidential Information are also exempt from the mediation requirement. This exception likely aims to protect Boulder Designs's intellectual property and sensitive business information by allowing them to pursue legal action immediately if necessary. All other disputes must be mediated in McLennan County, Texas, subject to state law.