When certifying a Burger King lease, what must the certification state regarding modifications to the lease?
Burger_King Franchise · 2025 FDDAnswer from 2025 FDD Document
Without limiting the foregoing, Lessee agrees to provide the Lessor with the following:
a. at the time of submittal of the construction plans and specifications (the "Plans") of the Remodel Work to Lessor for approval, a certificate, on a form to be provided by Lessor, from an architect, licensed in the State where the Premises are located ("Architect"), certifying that the Plans comply with (i) the requirements of Title III of the Americans With Disabilities Act of 1990 ("ADA") (ii) the Americans With Disabilities Act Accessibility Guidelines 1991 ("ADAAG") which is a part of the ADA; (iii) the 2010 ADA Standards; and (iv) all state and local building codes including any disabilities related statutes or codes (collectively, the "Codes") in the applicable jurisdiction where the Premises are located; and
b. upon completion of the construction of the remodeled restaurant contemplated by the Remodel Work (the "Remodeled Restaurant"), the Architect shall inspect the Remodeled Restaurant and complete the Burger King® 2004 ADAAG Checklist V1.2 (which is currently under revision to reflect the 2010 ADA Standards), and complete a certificate of inspection, on a form to be provided by Lessor, certifying that the Remodeled Restaurant is in compliance with Title III of the ADA, the ADAAG, the 2010 ADA Standards and the Codes.
Source: Item 20 — OUTLETS AND FRANCHISEE INFORMATION (FDD pages 109–124)
What This Means (2025 FDD)
According to Burger King's 2025 Franchise Disclosure Document, when a franchisee submits construction plans and specifications for a new restaurant or remodel work, a licensed architect must provide a certificate. This certificate, using a form provided by Burger King, must confirm that the plans comply with specific accessibility standards and local building codes.
Specifically, the architect must certify that the plans meet the requirements of Title III of the Americans With Disabilities Act of 1990 (ADA), the Americans With Disabilities Act Accessibility Guidelines 1991 (ADAAG), the 2010 ADA Standards, and all state and local building codes, including any disability-related statutes or codes applicable in the location of the premises. This requirement ensures that all Burger King restaurants are accessible to individuals with disabilities and comply with relevant regulations.
Upon completion of construction or remodeling, the architect must also inspect the restaurant and complete the Burger King® 2004 ADAAG Checklist V1.2, along with a certificate of inspection. This certificate must verify that the completed restaurant complies with the same ADA standards and local building codes as the initial plans. This two-step certification process—before and after construction—helps Burger King maintain consistent accessibility standards across all its locations and adhere to legal requirements.