What does the Franchisee certify regarding ADA compliance for their Buns On Fire restaurant?
Buns_On_Fire Franchise · 2025 FDDAnswer from 2025 FDD Document
EXHIBIT "N" AMERICANS WITH DISABILITIES ACT ("ADA") CERTIFICATION
SMYA Ventures LLC ("Franchisor") and ("Franchisee") are parties to a Franchise Agreement dated for the operation of a Buns on Fire Restaurant at (the "Restaurant"). In accordance with the Franchise Agreement, Franchisee certifies to Franchisor that, to the best of Franchisee's knowledge, the Restaurant and its adjacent areas comply with all applicable federal, state and local accessibility laws, statutes, codes, rules, regulations and standards, including but not limited to the Americans with Disabilities Act. Franchisee acknowledges that it is an independent business and the requirement of this certification by Franchisee does not constitute ownership, control, leasing or operation of the Restaurant. Franchisee acknowledges that Franchisor has relied on the information contained in this certification. Furthermore, Franchisee acknowledge its obligation under the Franchise Agreement to indemnify Franchisor and the officers, directors, and employees of Franchisor in connection with any and all claims, losses, costs, expenses, liabilities, compliance costs, and damages incurred by the indemnified party(ies) as a result of any matters associated with Franchisee's compliance with the Americans with Disabilities Act, as well as the costs, including attorneys' fees, related to the same.
Source: Item 23 — RECEIPTS (FDD pages 49–200)
What This Means (2025 FDD)
According to the 2025 Buns On Fire Franchise Disclosure Document, franchisees must certify that their restaurant and adjacent areas comply with all applicable federal, state, and local accessibility laws, including the Americans with Disabilities Act (ADA). This certification is made to the franchisor, SMYA Ventures LLC. The franchisee's certification confirms their understanding that they are operating an independent business and that this certification does not imply any ownership, control, leasing, or operational responsibility on the part of the franchisor.
Buns On Fire franchisees also acknowledge that the franchisor relies on the accuracy of this ADA compliance certification. This means that any inaccuracies or failures to comply with ADA regulations could have significant repercussions for the franchisee.
Furthermore, the franchisee agrees to indemnify the franchisor and its officers, directors, and employees against any claims, losses, costs, expenses, liabilities, compliance costs, and damages resulting from issues related to the franchisee's ADA compliance. This indemnification extends to covering legal costs, including attorneys' fees, associated with defending against any ADA-related claims. This places a significant financial responsibility on the franchisee to ensure full and continuous compliance with ADA regulations to avoid potential legal and financial liabilities.