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In Virginia, what happens if a ground for termination in the Boulder Designs Franchise Agreement does not constitute 'reasonable cause'?

Boulder_Designs Franchise · 2025 FDD

Answer from 2025 FDD Document

  1. 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, the enforceability of termination provisions within the franchise agreement is contingent upon the definition of 'reasonable cause' under Virginia law. Specifically, if a stated ground for default or termination in the Boulder Designs Franchise Agreement does not meet the threshold of 'reasonable cause' as defined by the Virginia Retail Franchising Act or other Virginia laws, that particular provision may not be enforceable.

This stipulation protects Boulder Designs franchisees in Virginia from potentially unfair or arbitrary terminations. It ensures that the reasons for terminating a franchise must align with the legal standards of 'reasonable cause' as interpreted within the state. This means Boulder Designs cannot rely on reasons for termination that are deemed insufficient or unjust under Virginia law, even if those reasons are explicitly stated in the franchise agreement.

For a prospective Boulder Designs franchisee in Virginia, this addendum provides an additional layer of security. It is crucial to understand what constitutes 'reasonable cause' under Virginia law to fully grasp the extent of this protection. Franchisees should seek legal counsel to ensure they are well-informed of their rights and the specific conditions under which Boulder Designs can terminate the franchise agreement in Virginia.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.