Under what conditions does Boulder Designs reserve the right to vary standards for any franchisee?
Boulder_Designs Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisor has the right to vary standards or specifications for test market purposes or for any franchisee based upon that particular franchisee's qualifications, the peculiarities of the particular site or circumstances, the demographics of the trade area, business potential, existing business practices or any other condition which Franchisor deems to be of importance to the successful operation of any particular BOULDER DESIGNS Business. Franchisor shall not be required to disclose or grant to Franchisee a like or similar variance.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to Boulder Designs' 2025 Franchise Disclosure Document, Boulder Designs retains the right to modify its standard operating procedures and specifications for individual franchisees under certain circumstances. This discretion allows Boulder Designs to adapt its franchise model to suit specific situations, but it also means that franchisees may not always operate under a uniform set of rules.
Boulder Designs may vary standards for test market evaluations, to accommodate a franchisee's specific qualifications, or to address the unique characteristics of a franchise location. These peculiarities could include the site itself, the demographics of the surrounding trade area, the existing business practices in that area, or any other condition that Boulder Designs believes could impact the success of a particular franchise.
It's important to note that Boulder Designs is not obligated to extend any such variances granted to one franchisee to any other franchisee. This means that a franchisee might not be able to request or receive the same exceptions or modifications that have been granted to others, even if their circumstances appear similar. This clause underscores the importance of a prospective franchisee thoroughly understanding all standard operating procedures and assessing their ability to comply with them, as exceptions are not guaranteed.