What evidence must a Boulder Designs franchisee furnish to the franchisor to demonstrate ADA compliance?
Boulder_Designs Franchise · 2025 FDDAnswer from 2025 FDD Document
At its sole expense, Franchisee shall furnish evidence satisfactory to Franchisor that the Approved Location (if not the Franchisee's home office) is designed, constructed, and altered in compliance, at all times, with the requirements of the Americans With Disabilities Act of 1990, the regulations now or hereafter adopted pursuant thereto, and any and all applicable state or local laws, statutes, ordinances, rules and regulations
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to Boulder Designs' 2025 Franchise Disclosure Document, the franchisee is responsible for ensuring their approved location complies with the Americans With Disabilities Act (ADA) of 1990, including all related regulations and applicable state/local laws. The franchisee must provide evidence satisfactory to Boulder Designs, at the franchisee's sole expense, that the location meets these requirements. This obligation applies if the approved location is not the franchisee's home office.
In practical terms, this means a prospective Boulder Designs franchisee needs to budget for potential costs related to ADA compliance when selecting and preparing their business location. This could involve architectural modifications, inspections, and legal consultations to ensure the site meets all accessibility standards. The franchisee bears the financial burden of these compliance measures.
The FDD does not specify the exact type of evidence Boulder Designs will find satisfactory. It could include inspection reports, certifications from qualified professionals, or other documentation demonstrating compliance. It is crucial for prospective franchisees to clarify with Boulder Designs what specific documentation they require to demonstrate ADA compliance to avoid potential disputes or delays in opening the franchise.
This requirement is fairly standard in franchising, as franchisors want to ensure all locations are accessible to customers and comply with legal requirements. However, the lack of specificity in the FDD regarding acceptable evidence places the onus on the franchisee to proactively seek clarification from Boulder Designs and potentially incur costs to obtain the necessary documentation.