Who is responsible for employing architects, designers, or engineers to complete plans for the Franchised Bhc Restaurant?
Bhc Franchise · 2025 FDDAnswer from 2025 FDD Document
he location of Franchisee's Franchised BHC Restaurant is not a guarantee that a BHC business can be successfully operated there or anywhere else.
- (d) Franchisor will provide Franchisee with a sample prototype layout for the Franchised BHC Restaurant. Franchisor will provide Franchisee a floor plan. Franchisee must pay Franchisor for all costs and expenses that Franchisor incurs in providing the site design review fee of $2,500 ("Site Design Review Fee") and a separate site review fee of $2,000 to $4,000 ("Site Review Fee"). At Franchisee's sole expense, Franchisee must employ directly architects, designers, engineers, or others as reasonably acceptable to Franchisor to complete, adapt, modify, or substitute the sample plans and specifications for the Franchised BHC Restaurant, and review and monitor all licensing related matters. Developer shall be solely responsible for acquiring all of the necessary permits and licenses, including but not limited to permits related to structural reinforcement, grease interceptors, and parking. The architect must submit a complete set of final plans and specifications to Franchisor before commencing leasehold improvement of the Franchised BHC Restaurant. Franchisor will review these plans and specifications promptly and accept them as stated or provide Franchisee with Franchisor's comments on the plans and specifications. Franchisor will have complete and uncontested control over the design of the Franchised BHC Restaurant and Franchisee may not modify the design or choose third party designers without Franchisor's express written consent. Franchisee may not commence leasehold improvement of the Franchised BHC Restaurant until Franchisor consents in writing to the final plans, specifications, and contractors to be used in constructing the Franchised BHC Restaurant.
Source: Item 23 — Receipts (FDD pages 52–230)
What This Means (2025 FDD)
According to Bhc's 2025 Franchise Disclosure Document, the franchisee is responsible for employing architects, designers, or engineers to complete, adapt, modify, or substitute the sample plans and specifications for the franchised restaurant. This must be done at the franchisee's sole expense. These professionals must also be reasonably acceptable to Bhc. The franchisee is also responsible for reviewing and monitoring all licensing related matters.
While the franchisee is responsible for hiring these professionals, Bhc retains control over the design of the restaurant. The franchisee cannot modify the design or choose third-party designers without Bhc's express written consent. The architect must submit a complete set of final plans and specifications to Bhc before starting any leasehold improvements. Bhc will review these plans and either accept them or provide comments.
Furthermore, the franchisee must use licensed general contractors, designers, vendors, and architects accepted by Bhc before performing any leasehold improvement work. Bhc also disclaims any warranty regarding the quality of goods or services provided by these professionals, even if Bhc refers them to the franchisee. This means the franchisee bears the risk of poor performance or negligence by these hired professionals.
In summary, while franchisees have the responsibility of engaging and paying for the services of architects, designers, and engineers, Bhc maintains significant control over the design and selection of these professionals, and franchisees must ensure compliance with Bhc's standards and requirements throughout the build-out process.