Upon expiration or termination of the Boulder Designs franchise agreement, what is the franchisee required to do with the Manual?
Boulder_Designs Franchise · 2025 FDDAnswer from 2025 FDD Document
under many varying conditions may not be possible or practical, Franchisor reserves the right, in its sole discretion and as it may deem in the best interests of all concerned in any specific instance, to vary standards for any Franchisee.
Section 9.3 Confidentiality
The Manual contains Trade Secrets and other Confidential Information of Franchisor and approved vendors, and its contents shall be kept confidential by Franchisee and all Covered Persons both during the term of the Franchise and subsequent to the expiration and non-renewal or termination of this Agreement. Franchisee shall at all times ensure that its copy of the Manual is available at the Approved Location in a current and up-to-date manner. Whether the Manual is in paper form or stored on computer-readable media, or both, Franchisee shall maintain the Manual in a secure manner at the Approved Location. If the Manual is in electronic form, Franchisee shall maintain the Manual in a password-true file. Franchisee shall only grant authorized personnel, as defined in the Manual, access to the Manual or any key, combination or passwords needed for access to the Manual. All persons whom Franchisee permits to have access to the Manuals or any other Confidential Information must first be required by Franchisee to sign the Confidentiality Agreement provided by Franchisor. Franchisee shall not disclose, duplicate or otherwise use any portion of the Manual in an unauthorized manner.
ARTICLE 10 - FRANCHISE SYSTEM
Section 10.1 Compliance with Standards
Franchisee shall strictly comply, and shall cause the Franchised Business and its employees to strictly comply, with all requirements, specifications, standards, operating procedures and rules set forth in this Agreement, the Manual or other communications supplied to Franchisee by Franchisor.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to the 2025 Boulder Designs Franchise Disclosure Document, the franchisee must keep the contents of the Manual confidential both during the term of the franchise agreement and after its expiration or termination. The franchisee must ensure that the copy of the Manual is available at the approved location in a current and up-to-date manner.
Whether the Manual is in paper form or stored on computer-readable media, the franchisee must maintain the Manual in a secure manner at the approved location. If the Manual is in electronic form, the franchisee must maintain it in a password-protected file. Access to the Manual or any keys, combinations, or passwords needed for access should only be granted to authorized personnel as defined in the Manual.
All persons whom the franchisee permits to have access to the Manual or any other confidential information must first sign the Confidentiality Agreement provided by Boulder Designs. The franchisee is prohibited from disclosing, duplicating, or otherwise using any portion of the Manual in an unauthorized manner. Additionally, the franchisee is prohibited from delivering the Manual to any former franchisee.