Is an All County franchisee's decision to operate at a particular site based on All County's investigation or their own?
All_County Franchise · 2025 FDDAnswer from 2025 FDD Document
- 8.4. Independent Investigation. Your decision to develop and operate the Business at any particular site is based solely on your own independent investigation of the suitability of the site for the Business. You acknowledge and agree that your acceptance of the proposed site is based on your own independent investigation of the suitability of the proposed site.
- 8.5. Disclaimer of Guarantee. Our recommendation or approval of any proposed site and any information communicated to you regarding such site does not constitute a representation or warranty of any kind, express or implied, as to the suitability or success of such Location. Our recommendation or approval of the proposed site indicates only that the proposed site satisfies the general guidelines and criteria for Locations that we have established.
- 8.6. General Release. In consideration of our acceptance of a proposed site, you and your Owners agree to release us, and our affiliates, officers, directors, employees and agents from any and all loss, damages and liability arising from or in connection with the selection and/or acceptance of such site for the development of an ALL COUNTY® business. Any general release required in the Franchise Agreement as a condition of renewal, sale, and/or assignment or transfer shall not apply to any liability under the Maryland Franchise Registration and Disclosure Law.
Source: Item 23 — Receipts (FDD pages 43–157)
What This Means (2025 FDD)
According to All County's 2025 Franchise Disclosure Document, the franchisee's decision to operate at a specific site is based on their own independent investigation. While All County will furnish its standard site selection criteria and assistance, the ultimate decision rests with the franchisee. All County will make reasonable efforts to determine on your site acceptance form within seven (7) days after receipt of it and any other materials that it has requested. Factors All County uses in deciding whether to accept or reject a proposed site may include, but is not limited to, the general location and neighborhood, demographic information, traffic patterns, zoning, access, visibility, location of other similar businesses or related establishments (including other ALL COUNTY® businesses) and size, condition, configuration, appearance and other physical characteristics of the site.
This means that prospective All County franchisees must conduct thorough due diligence to assess the suitability of their chosen location. This includes analyzing market demographics, traffic patterns, the presence of competitors, and the physical attributes of the site. Franchisees should not rely solely on All County's recommendations or approvals, as these do not constitute a guarantee of success. All County's approval indicates only that the site satisfies the general guidelines and criteria for Locations that they have established.
Furthermore, the FDD includes a general release, stating that in consideration of All County's acceptance of a proposed site, the franchisee agrees to release All County from any loss, damages, and liability arising from or in connection with the selection and/or acceptance of such site for the development of an All County business. This underscores the importance of the franchisee's independent investigation and acceptance of the site's suitability. This type of clause is relatively common in franchise agreements, shifting the responsibility for site selection outcomes to the franchisee.
In summary, while All County provides site selection criteria and assistance, the final decision and responsibility for the location's success lie with the franchisee. Prospective franchisees should invest time and resources in conducting their own independent investigation to ensure the chosen site is appropriate for their All County business.