When providing a lease certification for a Burger King location, what must the Lessee acknowledge and agree to regarding the statements made in the certificate?
Burger_King Franchise · 2025 FDDAnswer from 2025 FDD Document
aurant that will conform with the specification and standards set forth in the scope of work previously provided by Lessor, as franchisor (hereinafter referred to herein as the "Remodel Work"), the completion of which was material consideration for and inducement of the Lessor, as franchisor, to enter into the Franchise Agreement. Lessee further acknowledges and agrees to the following: (i) to complete the Remodel Work in accordance with the Franchise Agreement; and (ii) that all work associated with the Remodel Work, including, without limitation, all demolition and/or construction work, shall be completed in compliance with all Regulations. 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;
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 lessee provides a lease certification, they must acknowledge and agree to specific conditions related to the Americans with Disabilities Act (ADA) and local building codes. Specifically, when submitting construction plans for remodeling work, the lessee must provide a certificate from a licensed architect confirming that the plans comply with Title III of the ADA, the Americans With Disabilities Act Accessibility Guidelines 1991 (ADAAG), the 2010 ADA Standards, and all state and local building codes, including any disabilities-related statutes or codes applicable in the location of the premises.
This requirement ensures that all Burger King locations are accessible to individuals with disabilities and meet the necessary legal standards. The franchisee bears the responsibility of obtaining this certification from a qualified architect and ensuring compliance with all relevant regulations. This process is crucial not only for legal compliance but also for providing a welcoming and inclusive environment for all customers.
Furthermore, upon completing the construction of the Restaurant Improvements, the Architect must inspect the Restaurant Improvements and complete the Burger King® 2004 ADAAG Checklist V1.2, and complete a certificate of inspection, on a form to be provided by Lessor, certifying that the Restaurant Improvements are in compliance with Title III of the ADA, the ADAAG, the 2010 ADA Standards and the Codes. This follow-up inspection and certification reinforces the commitment to ADA compliance and ensures that the completed construction aligns with the approved plans and standards. This requirement protects Burger King from potential legal issues related to accessibility and demonstrates a proactive approach to regulatory compliance.