Is Buff City Soap Franchisor responsible for compliance with the ADA and any other Applicable Law?
Buff_City_Soap Franchise · 2025 FDDAnswer from 2025 FDD Document
nts of the Manuals, the master copy that Franchisor maintains at its principal office or on the Intranet, as designated by Franchisor, will prevail. If Franchisee's hard copy of the Manuals is lost, destroyed or significantly damaged, Franchisee will obtain a replacement copy at the then-applicable charge to reimburse cost of replacement. Franchisee will use the digital version of the Manuals in their current form available to Franchisee on the Intranet as instructed. Franchisee will treat the Manuals as confidential and maintain the information in the Manuals as Confidential Information. Franchisee will return all hard copies of the Manuals to Franchisor and destroy any electronic copies of the Manuals in Franchisee's possession or control immediately on expiration or termination of this Agreement.
- (b) Compliance with Applicable Law; Operating Permits. Franchisee will develop and at all times operate the Makery in full compliance with Applicable Law, including but not limited to all Products and services offered and sold at or by the Makery. Franchisee must notify Franchisor in writing immediately upon the commencement of any legal action, suit, or proceeding, any administrative action, or the issuance of an order of any court, agency, or other governmental instrumentality, which may adversely affect the development, occupancy, or operation of the Makery or Franchisee's financial condition; or the delivery of any notice of violation or alleged violation of any Applicable Law, including those relating to health or sanitation at the Makery. Franchisee will refrain from any business or advertising practice which may be injurious to Franchisor's business, to the business of other Buff City Soap makeries, or to the goodwill associated with the Marks. Franchisee will be solely responsible for procuring and continuously maintaining thereafter all approvals, permits, certifications and/or licenses required for the development and operation of the Makery.
- (c) Credit Card and Other Methods of Payment. Franchisor may, at its option, designate in writing credit and debit card issuers or sponsors check or credit verification services, financial center services, and electronic funds transfer systems, and upon any such designation by Franchisor, Franchisee must maintain credit card relationships with such credit and debit card issuers or sponsors check or credit verification services, financial center services, and/or electronic funds transfer systems in connection with the operation of the Makery and refrain from using any services or providers that Franchisor has not approved in writing or for which Franchisor has revoked its approval. Franchisor may modify its requirements and designate additional approval or required methods of payment and vendors for processing such payment. Franchisee must comply with the PCI DSS as they may be revised and modified by the Payment Card Industry Security Standards Council, or any successor or replacement organization and/or in accordance with other standards Franchisor may specify, and FACTA. Franchisee also must upgrade periodically its Technology System, at Franchisee's expense, to maintain compliance with PCI DSS, FACTA and all Applicable Law. Franchisee must notify Franchisor immediately if it is notified of a credit card breach (as such constitutes a Crisis Management Event) related to the Makery and Franchisee'
Source: Item 23 — Receipts (FDD pages 69–186)
What This Means (2025 FDD)
According to the 2025 Buff City Soap Franchise Disclosure Document, the franchisee is primarily responsible for compliance with the ADA (Americans with Disabilities Act) and all other Applicable Laws in the development and operation of their Makery. Applicable Law is defined as any federal, state, and local laws, ordinances, and codes, together with all rules, regulations, policies, and guidelines related thereto, applicable to the subject matter of this Agreement and either Party. This includes laws and regulations related to cosmetics, environmental regulations, labor, consumer privacy and data security, and those governing public accommodations for persons with disabilities.
The Buff City Soap franchisee is obligated to develop and operate the Makery in full compliance with all Applicable Laws, including those pertaining to the products and services offered. They are also responsible for obtaining and maintaining all necessary approvals, permits, certifications, and licenses required for the Makery's development and operation. Furthermore, the franchisee must inform Buff City Soap immediately if any legal or administrative action is initiated or if any violation notices are received that could affect the Makery's operation or financial condition.
Buff City Soap maintains the right to make decisions and changes to the System and its business operations, provided these actions are not explicitly prohibited by the Franchise Agreement or Applicable Law. However, Buff City Soap assumes no obligation to ensure the Makeries are developed and operated in accordance with Applicable Law and will have no liability if the franchisee's development violates Applicable Law. This reinforces that the franchisee bears the ultimate responsibility for legal compliance in their Makery's operations. The franchisee must also upgrade periodically its Technology System, at Franchisee's expense, to maintain compliance with PCI DSS, FACTA and all Applicable Law.