Under what conditions can Boulder Designs refuse to provide advice and guidance to a franchisee?
Boulder_Designs Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee agree that Franchisor is not obligated to provide any training or assistance to Franchisee's particular level of satisfaction, but as a function of Franchisor's experience, knowledge, and judgment. Franchisee also acknowledge that Franchisor is not obligated to provide any services to Franchisee that are not set forth in this Agreement. If Franchisee believes the Franchisor has failed to adequately provide any pre-opening services to the Franchisee or to its employees, whether with respect to site selection, selection and purchase of equipment and supplies, training, or any other matter affecting the establishment of Franchisee's BOULDER DESIGNS business, Franchisee must immediately notify the Franchisor in writing within thirty (30) days following the opening of Franchisee's BOULDER DESIGNS business or the Franchisee will be deemed to conclusively acknowledge that all pre-opening and opening services required to be provided by the Franchisor were sufficient and satisfactory in Franchisee's judgment, and complied with all representations made to the Franchisee.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to Boulder Designs' 2025 Franchise Disclosure Document, Boulder Designs is not obligated to provide any services to a franchisee that are not explicitly outlined in the franchise agreement. Furthermore, Boulder Designs is not obligated to provide training or assistance to the franchisee's particular level of satisfaction, but rather as a function of Boulder Designs' experience, knowledge, and judgment.
This means that a franchisee cannot demand specific advice or guidance beyond what is contractually promised. If a franchisee feels that Boulder Designs has not adequately provided pre-opening services, they must notify Boulder Designs in writing within 30 days following the opening of their Boulder Designs business. Failure to do so will be deemed as conclusive acknowledgment that all pre-opening and opening services were sufficient and satisfactory.
This clause protects Boulder Designs from unreasonable demands or dissatisfaction from franchisees regarding training and assistance. However, it also places a responsibility on the franchisee to promptly communicate any concerns about the adequacy of the provided services. Prospective franchisees should carefully review the franchise agreement to understand the scope of services Boulder Designs is obligated to provide and ensure they are comfortable with the level of support offered.