What may Americas Best Value Inn require regarding ADA compliance for the Premises of an Americas Best Value Inn franchise?
Americas_Best_Value_Inn Franchise · 2025 FDDAnswer from 2025 FDD Document
(iii) Without limiting the generality of anything in this Section 8.(g)(iii), you will comply with the Americans with Disabilities Act ("ADA") to the extent it applies to the Premises and the improvements constructed thereon. Prior to the Opening Date, and as of each anniversary of the Opening Date (or such other period of time as we may specify in writing), we may require you to certify to us (via an architect, general contractor, or recognized ADA standards consultant reasonably acceptable to us), on a form satisfactory to us, that the Premises is ADA compliant.
- (iv) You must immediately provide us with a copy of any and all notices and correspondence that you receive from any person, entity, or government authority claiming that you or your Hotel may have violated any laws, regulations, permits, licenses, or agreements, or that an audit, investigation, or similar proceeding has been threatened and/or commenced against you or your Hotel.
Source: Item 23 — RECEIPTS (FDD pages 71–223)
What This Means (2025 FDD)
According to the 2025 Americas Best Value Inn Franchise Disclosure Document, franchisees must comply with the Americans with Disabilities Act (ADA) to the extent it applies to the premises and any improvements made. Prior to the hotel's opening date, and on each anniversary of the opening date (or another period specified in writing by Americas Best Value Inn), the franchisee may be required to certify that the premises is ADA compliant. This certification must be provided via an architect, general contractor, or recognized ADA standards consultant reasonably acceptable to Americas Best Value Inn, using a form satisfactory to them.
This requirement ensures that all Americas Best Value Inn locations meet the necessary legal standards for accessibility, protecting both the brand and the franchisee from potential legal issues related to ADA non-compliance. The franchisee bears the responsibility of ensuring and certifying compliance, which may involve hiring qualified professionals to assess the property and provide the required certification. The frequency of these certifications, whether annually or at another interval specified by Americas Best Value Inn, will dictate the ongoing costs and administrative burden for the franchisee.
Furthermore, the franchisee is obligated to immediately provide Americas Best Value Inn with copies of any notices or correspondence received from any person, entity, or government authority claiming a violation of any laws, regulations, permits, licenses, or agreements, or indicating a threatened or commenced audit, investigation, or similar proceeding against the franchisee or their hotel. This immediate notification requirement allows Americas Best Value Inn to stay informed and potentially assist the franchisee in addressing any compliance issues promptly, mitigating potential damage to the brand and legal repercussions for both parties.