What is the scope of Baya Bar's review of construction plans?
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, franchisees must have their Shop constructed according to approved plans. Baya Bar will provide sample plans or specifications and has the right to designate the architect/designer. The franchisee must create construction plans incorporating Baya Bar's requirements based on the approved site's size and shape. Construction or changes to plans cannot proceed without Baya Bar's approval. Baya Bar also has the right to approve the contractor selected by the franchisee.
However, Baya Bar's review of the construction plans is limited. The review is specifically intended to verify that the construction plans accurately present Baya Bar's trade dress and Marks, and that the plans meet Baya Bar's specifications.
Baya Bar's review does not assess compliance with applicable laws, regulations, or building codes. Franchisees are responsible for ensuring their Shop complies with all legal and regulatory requirements, including the Americans with Disabilities Act, and must certify compliance to Baya Bar. Baya Bar retains the right to inspect the Shop during construction and must provide final approval before the Shop opens for business.