Does a visit from Boulder Designs imply compliance with the franchise agreement?
Boulder_Designs Franchise · 2025 FDDAnswer from 2025 FDD Document
You expressly agree that these visits will not imply that you are in compliance with your obligations under this Agreement or under the law or that we waive our right to require strict compliance with your obligations under this Agreement or the Manual. Furthermore, such visits will not create any responsibility or liability in our part. If you request that we make additional visits to your BOULDER DESIGNS franchise, you will pay the fees we establish for such visits. You will also allow us to visit your BOULDER DESIGNS franchise with prospective franchisees during your business hours.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to Boulder Designs' 2025 Franchise Disclosure Document, visits from Boulder Designs do not imply that a franchisee is in compliance with the franchise agreement. Boulder Designs retains the right to inspect the franchised business to ensure compliance with quality control and performance standards.
The FDD specifies that these inspections may include audits and reviews to evaluate compliance with required payments, standards, and procedures. Boulder Designs may offer suggestions or mandatory instructions to ensure adherence to the system's quality standards. They can also remove products for testing and observe the franchisee's operations, including interviewing clients and employees, and photographing or videotaping the business.
However, the franchise agreement explicitly states that these visits do not imply compliance with the agreement or waive Boulder Designs' right to demand strict adherence to all obligations. Furthermore, such visits do not create any responsibility or liability on the part of Boulder Designs. If a franchisee requests additional visits, they will be responsible for paying the fees established for those visits. Boulder Designs also retains the right to visit a franchisee's location with prospective franchisees during business hours.