In Virginia, can a Boulder Designs franchisor cancel a franchise without reasonable cause?
Boulder_Designs Franchise · 2025 FDDAnswer from 2025 FDD Document
- Item 17 is supplemented by the following language:
"Under Section 13.1-564 of the Virginia Retail Franchising Act, it is unlawful for a franchisor to cancel a franchise without reasonable cause. If any ground for default or termination stated in the Franchise Agreement does not constitute "reasonable cause", as that term may be defined in the Virginia Retail Franchising Act or the laws of Virginia, that provision may not be enforceable."
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 38–44)
What This Means (2025 FDD)
According to Boulder Designs' 2025 Franchise Disclosure Document, Virginia has specific regulations regarding franchise termination. It is unlawful for Boulder Designs to cancel a franchise in Virginia without reasonable cause. The FDD stipulates that if any grounds for default or termination stated in the Franchise Agreement do not constitute "reasonable cause" as defined by the Virginia Retail Franchising Act or Virginia law, that provision may not be enforceable.
This means that Boulder Designs franchisees in Virginia have some protection against arbitrary termination. The franchisor must have a legitimate, justifiable reason to cancel the franchise agreement, and that reason must align with the legal standards set by Virginia law. This provision aims to protect franchisees from unfair or capricious actions by the franchisor.
Prospective Boulder Designs franchisees in Virginia should carefully review the franchise agreement, particularly the sections outlining grounds for termination, and understand their rights under the Virginia Retail Franchising Act. It would be prudent to consult with an attorney experienced in franchise law to ensure full comprehension of these protections and to assess the enforceability of specific termination clauses within the agreement. This will help the franchisee understand what constitutes "reasonable cause" in their specific situation and what recourse they may have if they believe the franchisor is attempting to terminate the agreement without proper justification.