What is the definition of 'Construction Plans' in the Brueggers Bagels agreement?
Brueggers_Bagels Franchise · 2025 FDDAnswer from 2025 FDD Document
, state, or local laws and regulations, including the Americans with Disabilities Act, and that: (a) you are solely responsible for compliance with all such laws and regulations; and (b) our approval is not, and will not be deemed to be, an assessment as to whether or not you have complied with those laws and regulations.
- 6.4. Construction. You must construct and equip the Bakery at your own expense. Before starting construction, you must engage a qualified architect or engineer to prepare preliminary and final architectural and engineering drawings and specifications consistent with the representative plans furnished by us pursuant to the Development Agreement. You must engage
an architect from our approved list to prepare preliminary and final architectural drawings and specifications for your Bakeries consistent with our representative plans for a Bakery. In addition, for your first two Bakeries, you must us a general contractor from our approved list or receive our written approval of your general contractor. We must approve the final drawings and specifications before you begin the permitting process. Once approved by us, the drawings and specifications may not be changed or modified without our prior written consent.
- 6.5. Permits. You must obtain, at your expense, all zoning approvals, clearances, building and other operational permits, including your alcoholic beverage license and including, but not limited to, certificates of occupancy and mall or strip center clearances, which may be required by federal, state, or local laws, ordinances, or regulations and you are solely responsible for constructing your Bakery in compliance with them.
- 6.6. Approval to Open. During the entire period of construction of the Bakery, you must permit us and our agents to inspect the site at all reasonable times. You must complete construction and installation of all furniture, fixtures, equipment, and signs in accordance with the final plans and specifications approved by us under Section 6.4 above. You must notify us of the anticipated construction completion date. You agree not to open the Bakery for business until we (1) all of your obligations under this Section 6 have been fulfilled; (2) pre-opening training of your personnel has been completed as required by Section 7;
Source: Item 22 — CONTRACTS (FDD page 61)
What This Means (2025 FDD)
According to Brueggers Bagels' 2025 Franchise Disclosure Document, while the term "construction plans" itself is not explicitly defined, the document outlines the requirements and processes related to the construction of a Brueggers Bagels Bakery.
Before starting construction, the franchisee must engage a qualified architect or engineer to prepare preliminary and final architectural and engineering drawings and specifications consistent with the representative plans furnished by Brueggers Bagels. For the first two Bakeries, a franchisee must use a general contractor from Brueggers Bagels' approved list or receive written approval for their own choice of general contractor. Brueggers Bagels must approve the final drawings and specifications before the franchisee begins the permitting process, and once approved, these drawings and specifications cannot be changed without prior written consent from Brueggers Bagels.
Brueggers Bagels emphasizes that franchisees are solely responsible for ensuring that the construction or conversion remodeling complies with all applicable laws, codes, and regulations, including the Americans with Disabilities Act. Brueggers Bagels' review of design and construction plans does not constitute an assessment of compliance with these laws and regulations. The franchisee bears the responsibility for the plans and the construction or conversion remodeling of the Brueggers Bagels restaurant, and Brueggers Bagels will have no liability or obligation in connection with these plans or the construction process.
In summary, while the FDD does not provide a specific definition of "construction plans," it details the process of creating, reviewing, and approving these plans, as well as the franchisee's responsibilities in ensuring compliance with all applicable regulations during construction.