How does Boulder Designs treat payments from entities other than the named franchisee?
Boulder_Designs Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee hereby release and agree to hold the Franchisor and its affiliates, and Franchisor's respective officers and directors, harmless from and against any and all claims, liability, damages, or causes of action of any nature arising from, or in connection with, the installation, maintenance, or operation of the information system and its billing and payment processing.
Section 6.9 Ownership of Information
All of the information Franchisor or its affiliates obtain from Franchisee or about Franchisee's BOULDER DESIGNS franchise, and all information in Franchisee's records or Franchisors concerning the members of Franchisee's BOULDER DESIGNS franchise (the "Information") and all revenues we derive from the Information will be our property. However, Franchisee may at any time during the term of this Agreement use in the operation of Franchisee's BOULDER DESIGNS franchise (but for no other purpose), to the extent lawful and at Franchisee's sole risk and responsibility, any information that Franchisee acquire from third parties in operating Franchisee's BOULDER DESIGNS franchise, such as customer data. The Information (except for information Franchisee provides to the Franchisor or its affiliates, including information provided by Franchisee's officers, directors, shareholders, partners or equity members of
Franchisee entity) will become Franchisor property which Franchisor may use for any reason as Franchisor may deem necessary or appropriate in Franchisor's sole discretion. Franchisee hereby authorize Franchisee's any payment processors to release the information to the Franchisor at any time. Following termination or expiration of this Agreement, Franchisee will no longer use any of the Information, except to comply with Franchisee's post-term obligations under this Agreement and Franchisee authorizes Franchisee's payment processor to release the Information exclusively to the Franchisor and/or Franchisor's designees.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
Based on the 2025 Franchise Disclosure Document, Boulder Designs outlines specific requirements regarding information and payments related to the franchise. Boulder Designs or its affiliates collect information from the franchisee and about the franchisee's Boulder Designs franchise. This includes data in the franchisee's records or those of Boulder Designs concerning the members of the franchisee's Boulder Designs franchise. All revenue derived from this information becomes the property of Boulder Designs.
The franchisee is authorized to use information acquired from third parties in operating their Boulder Designs franchise, such as customer data, at their own risk and responsibility, provided it is lawful. However, information provided by the franchisee, including its officers, directors, shareholders, partners, or equity members, becomes the property of Boulder Designs. Boulder Designs can use this information as it deems necessary or appropriate.
Furthermore, the franchisee authorizes their payment processors to release information to Boulder Designs at any time. Upon termination or expiration of the franchise agreement, the franchisee must cease using any of the information, except to comply with post-term obligations. The franchisee also authorizes their payment processor to release the information exclusively to Boulder Designs and/or its designees. This ensures Boulder Designs maintains control over data and revenue streams associated with the franchise, even after the agreement concludes.