What is a Baya Bar franchisee prohibited from doing before construction plans are approved?
Baya_Bar Franchise · 2024 FDDAnswer from 2024 FDD Document
Your Shop must be constructed according to plans that we have approved. We will provide you with sample plans and/or our specifications for a Baya Bar Shop, and we have the right to designate the architect/designer that you must use. We also have the right to approve the contractor you select. You must arrange for construction plans to be created that incorporate our requirements into the size and shape of the approved site for your Shop. You may not use the plans or begin building out your Shop until we have approved the construction plans, and any changes to the construction plans must also be approved by us before the change may be implemented. Our review is not meant to assess compliance with any applicable laws, regulations or building codes. Our review is only to verify that the construction plans accurately present our trade dress, the Marks and meet our specifications. We have the right to inspect your Shop while it is being constructed. You may not open your Shop for business without our approval. You must certify to us that your Shop has been constructed in compliance with the Americans with Disabilities Act.
Source: Item 8 — RESTRICTIONS ON SOURCES OF PRODUCTS AND SERVICES (FDD pages 20–24)
What This Means (2024 FDD)
According to Baya Bar's 2024 Franchise Disclosure Document, a franchisee cannot use the construction plans or begin building out their shop until Baya Bar has approved the construction plans. Furthermore, any changes to the construction plans must also be approved by Baya Bar before the change may be implemented. This requirement ensures that each Baya Bar shop adheres to the brand's standards and specifications.
This stipulation is in place to maintain uniformity and protect Baya Bar's trade dress and marks. However, Baya Bar's review of the construction plans is not to assess compliance with any applicable laws, regulations, or building codes. It is the franchisee's responsibility to ensure compliance with all legal requirements.
Baya Bar also retains the right to inspect the shop during construction and the franchisee cannot open for business without Baya Bar's approval. Additionally, the franchisee must certify that the shop has been constructed in compliance with the Americans with Disabilities Act.