Does 1 800 Packouts warrant the structural soundness of a Facility based on plan approval?
1_800_Packouts Franchise · 2025 FDDAnswer from 2025 FDD Document
Prototype and Construction Plans and Specifications. We will review and approve plans and specifications to confirm they meet our requirements for design, decoration, furnishings, furniture, layout, equipment, fixtures and signs for a Facility. It will be your responsibility to ensure that the plans and specifications comply with all ordinances, building codes, permit requirements, and lease requirements and restrictions applicable to the site for the Facility. You must submit final construction plans and specifications to us for approval before construction begins at the Facility, and the Franchised Business must be constructed in accordance with those approved plans. There is no time limit for the completion of our review, but we anticipate completing our review within 10 days of your submission. By approving your plans we in no way represent or warrant the Facility will be structurally sound or fit for any intended purpose or that the plans will comply with applicable laws or regulations or lease requirements. We will not be liable to you for any defects in workmanship or structural integrity of a Facility that is constructed in accordance with plans that we approve.
Source: Item 8 — RESTRICTIONS ON SOURCES OF PRODUCTS AND SERVICES (FDD pages 27–29)
What This Means (2025 FDD)
According to 1 800 Packouts's 2025 Franchise Disclosure Document, 1 800 Packouts does not warrant the structural soundness of a facility even if they approve the construction plans. While 1 800 Packouts will review and approve submitted plans and specifications to ensure they meet the company's requirements for design, decoration, furnishings, furniture, layout, equipment, fixtures, and signs, this approval does not constitute a warranty of structural integrity or fitness for any purpose.
It is the franchisee's responsibility to ensure that the plans comply with all applicable ordinances, building codes, permit requirements, and lease restrictions. The franchisee must submit final construction plans for approval before starting construction, and the franchised business must be built according to those approved plans. 1 800 Packouts does not guarantee that the approved plans will comply with applicable laws, regulations, or lease requirements.
1 800 Packouts explicitly states that they will not be liable for any defects in workmanship or structural integrity of a facility constructed according to their approved plans. This means that the franchisee bears the full responsibility for ensuring the facility is structurally sound and compliant with all relevant regulations, even after 1 800 Packouts has approved the construction plans. This is a common practice in franchising, where the franchisee typically assumes responsibility for site-specific compliance and construction quality.