Under what condition will each provision of the Boulder Designs Amendment be effective?
Boulder_Designs Franchise · 2025 FDDAnswer from 2025 FDD Document
| This Amendment to the Boulder Designs Franchise Agreement dated, 20 between | ||
|---|---|---|
| Boulder Designs Franchising, LLC, ("Franchisor") and | ||
| ("Franchisee") is entered into simultaneously with the execution of the Franchise Agreement. | ||
| 1. | Section 3.1 of the Franchise Agreement is amended to reflect that payment of Initial Franchise | |
| has commenced doing business. | Fees will be deferred until Franchisor has met its initial obligations to Franchisee, and Franchisee | |
| IN WITNESS WHEREOF, | Franchisee and Franchisor have executed this Amendment to the Franchise | |
| Agreement simultaneously with the execution of the Franchise Agreement. | ||
| FRANCHISOR: | FRANCHISEE: | |
| BOULDER DESIGNS | ||
| FRANCHISING, LLC | ||
| By: | By: | |
| Frank J. "Butch" Mogavero | Name/Title |
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to Boulder Designs' 2025 Franchise Disclosure Document, the Amendment to the Franchise Agreement is executed simultaneously with the execution of the Franchise Agreement. This means that the provisions outlined in the Amendment become effective at the same time the Franchise Agreement is signed by both Boulder Designs Franchising, LLC (the Franchisor) and the Franchisee.
Specifically, the FDD states that the Franchisee and Franchisor have executed the Amendment to the Franchise Agreement simultaneously with the execution of the Franchise Agreement. This simultaneous execution ensures that both parties are in agreement with all terms and conditions from the outset of their business relationship.
For a prospective Boulder Designs franchisee, this simultaneous execution means that all aspects of the agreement, including any modifications or special conditions outlined in the Amendment, are legally binding from the moment the franchise agreement takes effect. This is a standard practice in franchising to ensure clarity and mutual understanding of all obligations and rights.