What is the franchisee's responsibility regarding compliance with the Americans with Disabilities Act (ADA) for their Apricot Lane franchise?
Apricot_Lane Franchise · 2025 FDDAnswer from 2025 FDD Document
It is your responsibility to prepare all required construction plans and specifications to suit the Premises. FRANCHISOR does not, and will not, assume any liability or be deemed liable for any agreements, representations or warranties made by and between FRANCHISEE and any third party relating to such construction plans and specifications. FRANCHISEE must make sure that the construction plans and specifications comply with the Americans with Disabilities Act (the "ADA") and similar rules governing public accommodations for persons with disabilities, other applicable ordinances, building codes, permit requirements, and lease requirements and restrictions. Any review by FRANCHISOR of FRANCHISEE's construction plans is limited to ensuring FRANCHISEE's compliance with FRANCHISOR's design requirements and this Agreement's other requirements. FRANCHISOR's review is not designed to assess compliance with federal, state, or local laws and regulations, including the ADA, as compliance with those laws and regulations is your responsibility. You must remedy, at your expense, any noncompliance or alleged noncompliance with those laws and regulations. **Initial
Source: Item 23 — RECEIPTS (FDD pages 51–222)
What This Means (2025 FDD)
According to Apricot Lane's 2025 Franchise Disclosure Document, the franchisee is responsible for ensuring their store's construction plans and specifications comply with the Americans with Disabilities Act (ADA) and similar regulations. This includes all rules governing public accommodations for persons with disabilities, along with other applicable ordinances, building codes, permit requirements, and lease restrictions.
The franchisor's review of the franchisee's construction plans is limited to ensuring compliance with Apricot Lane's design requirements and the franchise agreement. The franchisor's review does not assess compliance with federal, state, or local laws and regulations, including the ADA. The franchisee bears the responsibility for addressing any noncompliance or alleged noncompliance with these laws and regulations at their own expense.
The FDD states that the franchisee must prepare all required construction plans and specifications to suit the premises. Apricot Lane does not assume any liability for agreements, representations, or warranties made between the franchisee and any third party relating to such construction plans and specifications. Franchisees may need to retain a licensed architect to produce working drawings, and if they choose an architect or design firm without prior experience with Apricot Lane, the architect must be approved by the franchisor.