factual

Is the Burros Fries franchisee required to hire their own architect to create a complete set of drawings?

Burros_Fries Franchise · 2024 FDD

Answer from 2024 FDD Document

We will assist the Franchisee in the review of the layout and design prior to the Franchisee signing a lease or sublease. We will provide Franchisee with guidelines of the layout and design however, Franchisee may need to hire its own architect, at its own expense, to create a complete set of drawings based on the facility size and local permitting requirements. We must review and approve Franchisee's architect's final plan. We do not represent that we have any special expertise in approving architectural plans. Our approval of Franchisee's architectural plan is not a representation or warranty that such plan will meet local permitting requirements or that such plan will not have to be revised or done over again in order to get final approval by local authorities. Approval is intended only to indicate that the Business is set up and meets our minimum criteria. Franchisee agrees that our approval or disapproval of Franchisee's architectural plans do not impose any liability on us. The costs of leasehold improvements, equipment, furniture, fixtures, technology items, signs and décor for finishing out the Business are the responsibility of the Franchisee. The Franchisee is responsible for all lease negotiations.

We will make available to Franchisee, at no charge, and advise Franchisee with regards to design plans, floor plans and mandatory specifications for the construction and layout of the Business which includes the exterior and interior design. Franchisee acknowledges that such specifications shall not contain the requirements of any federal, state or local law, code or regulation (including without limitation those concerning the Americans with Disabilities Act (the "ADA") or similar rules governing public accommodations or commercial facilities for persons with disabilities). Franchisee must adhere to all local zoning ordinances, regulations, fire, health and building codes, compliance with all of which shall be Franchisee's responsibility and at Franchisee's expense. Franchisee shall adapt, at Franchisee's expense, standard plans and specifications for the Business, subject to our approval, as provided in Section 12.T of this Agreement, which will not be unreasonably withheld, provided that such plans and specifications conform to our general criteria.

Franchisee understands and acknowledges that we have the right to modify the final set of drawings, architectural plans, floor plans, schematics and/or specifications as we deem appropriate, periodically (however we will not modify the final set of drawings, architectural plans, floor plans, schematics and/or specifications for the Business developed pursuant to this Agreement once those final set of drawings, architectural plans, floor plans, schematics and/or specifications have been approved by us and given to Franchisee).

Source: Item 22 — CONTRACTS (FDD page 53)

What This Means (2024 FDD)

According to the 2024 Burros Fries Franchise Disclosure Document, franchisees may need to hire their own architect. While Burros Fries will assist in reviewing the layout and design before a lease is signed and will provide layout and design guidelines, the franchisee may need to hire an architect at their own expense. This is to create a complete set of drawings that are based on the facility size and local permitting requirements.

Burros Fries must review and approve the architect's final plan. However, the approval does not represent or warrant that the plan will meet local permitting requirements or that revisions will not be needed for final approval by local authorities. The franchisee is responsible for the costs of leasehold improvements, equipment, furniture, fixtures, technology items, signs, and décor. The franchisee is also responsible for all lease negotiations.

Burros Fries will also make available, at no charge, and advise the franchisee regarding design plans, floor plans, and mandatory specifications for the construction and layout of the Business, including exterior and interior design. The franchisee is responsible for adapting the standard plans and specifications for the Business, subject to Burros Fries's approval, provided that the plans and specifications conform to their general criteria. Burros Fries has the right to modify the final set of drawings, architectural plans, floor plans, schematics, and/or specifications as they deem appropriate, but will not modify them once they have been approved and given to the franchisee.

Disclaimer: This information is extracted from the 2024 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.