Under what conditions can the Boulder Designs Franchisor enter the Franchisee's location for inspections?
Boulder_Designs Franchise · 2025 FDDAnswer from 2025 FDD Document
se Franchisee's that choose to open a brick and mortar location with a public showroom (commonly known as a store front), Franchisee shall keep the Franchised Business open for business at a minimum, during normal business hours and on the days specified in the Manual or as we may specify.
Section 13.5 Inspections
Franchisee will permit Franchisor and/or Franchisor's representatives to enter Franchisee's location or office at any time during normal business hours and upon reasonable notice, for purposes of conducting inspections. Franchisee will cooperate fully with Franchisor and/or Franchisor's representatives in inspections by rendering assistance as Franchisor and/or Franchisor's representatives may reasonably request and by permitting them, at their option, to observe how Franchisee is selling the products and rendering the services, to monitor sales volume, to conduct a physical inventory, to confer with Franchisee's employees and customers and to remove samples of any products, supplies and materials in amounts reasonably necessary to return to Franchisors office for inspection and record keeping. Franchisor may also contact suppliers and obtain information about Franchisee purchases and the status of your account. Upon termination or expiration, Franchisor can stop access to our proprietary products from any supplier or distributor. The inspections will be performed in a manner that minimizes interference with the operations of the Boulder Designs Business. Franchisor and/or Franchisee may videotape the inspections. Upon notice from Franchisor, and without limiting Franchisor's rights under this agreement, Franchisee will take all necessary steps to correct immediately any deficiencies detected during inspections, including immediately stopping use of any equipment, advertising, materials, products, supplies or other items that do not conform to Franchisor's then current requirements. If Franchisee fails or refuses to correct any deficiency, Franchisor has the right, without any claim to the contrary by Franchisee, to enter Franchisees location or office without being guilty of trespass or any other tort, for the purpose of making or causing to be made all corrections as required, at Franchisee's expense, payable by Franchisee upon demand.
Section 13.6 Licenses and Permits
Franchisee is solely responsible for ensuring that the Franchised Business is designed, constructed or improved, equipped and furnished in accordance with System standards. Franchisee shall secure and maintain in force all required licenses, permits and certificates, including a business license or Franchisee's state's equivalent, necessary for the operation of the Franchised Business and shall operate the Franchised Business in full compliance with all applicable laws, ordinances and regulations, including without limitation all government regulations relating to environmental protection, occupational hazards and health, workers' compensation insurance, unemployment insurance and withholding and payment of federal and state income taxes, social security taxes and sales taxes, if applicable. Franchisor makes no representation to Franchisee with regard to any legal requirements that Franchisee must satisfy or comply with in connection with the operation of the Franchised Business. Franchisee shall be solely responsible for investigating and complying with all such laws, ordinances and regulations with regard to the operation of the Franchised Business.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to Boulder Designs' 2025 Franchise Disclosure Document, the franchisor has specific rights regarding inspections of a franchisee's location. Boulder Designs can enter a franchisee's location or office during normal business hours, provided they give reasonable notice. The purpose of these inspections is to ensure that the franchisee is adhering to the standards and practices of the Boulder Designs system.
During these inspections, the franchisee is expected to fully cooperate with Boulder Designs representatives. This includes providing assistance as requested, allowing observation of sales and service processes, monitoring sales volume, conducting physical inventories, and conferring with employees and customers. Boulder Designs also has the option to remove samples of products, supplies, and materials for further inspection and record-keeping at their office. Additionally, Boulder Designs can contact suppliers to obtain information about the franchisee's purchases and account status.
Furthermore, if any deficiencies are detected during these inspections, the franchisee is required to take immediate corrective action upon notice from Boulder Designs. This may include stopping the use of non-conforming equipment, advertising, materials, products, or supplies. Should the franchisee fail to correct these deficiencies, Boulder Designs reserves the right to enter the franchisee's location to make the necessary corrections at the franchisee's expense, without being considered guilty of trespass or any other tort. Boulder Designs also has the right to inspect the Franchised Business and the Approved Location at all reasonable times to ensure the Franchisee is properly employing the Marks in the operation of the Franchised Business.