Does the Burros Fries franchise agreement require compliance with building construction laws?
Burros_Fries Franchise · 2024 FDDAnswer from 2024 FDD Document
nchisee agreesto indemnify us under Section 18 of this Agreement which includes any claims arising out of Franchisee's failure to perform its obligations as described above.
It is Franchisee's sole responsibility and absolute obligation to research all applicable federal, state and local laws and regulations governing the operation of a Burros & Fries Business. Franchisee must secure and maintain in force all required licenses, permits and certificates relating to the operation of its Business and must at all times operate it in full compliance with all applicable laws, ordinances and regulations (including without limitation, regulations relating to fictitious name registrations, sales tax permits, fire clearances, safety, truth in advertising, occupational hazards, indoor air quality, health, laws relating to non-discrimination in hiring and accessibility, worker's compensation and unemployment insurance). In addition, Franchisee must comply with consumer protection laws and regulations concerning food preparation, handling and storage, "Truth in Menu" concerning menu item names, product content, labeling and nutritional claims. We make no representations or assurances as to what inspections, licenses, permits, authorizations or otherwise will be required for Franchisee in the Franchisee's area in connection with its Business. It is Franchisee's sole responsibility to identify and obtain all licenses,
permits, certifications and authorizations necessary for operation. Franchisee agrees to maintain high standards of honesty, integrity, fair dealing and ethical conduct in all business activities.
Source: Item 22 — CONTRACTS (FDD page 53)
What This Means (2024 FDD)
According to the 2024 Burros Fries Franchise Disclosure Document, franchisees are responsible for researching and adhering to all applicable laws and regulations, which would include building construction laws. Burros Fries requires franchisees to secure and maintain all necessary licenses, permits, and certificates to operate their business legally. This encompasses compliance with all applicable federal, state, and local laws, ordinances, and regulations.
Specifically, the franchisee is responsible for all costs associated with obtaining and developing an approved site for their Burros Fries franchise. The franchisor must provide written approval of the site. Furthermore, all improvements to the business location must be approved by Burros Fries, implying adherence to certain construction and design standards.
Failure to comply with these legal and regulatory requirements could result in the franchisee failing to open the business within the specified timeframe. The franchisee must secure a lease within eighteen months of the Franchise Agreement's effective date and open the business within twenty-four months. Not obtaining the necessary permits and licenses to sell products and perform services would be a breach of the agreement, potentially leading to termination of the franchise and forfeiture of fees paid.