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What are the Carls franchisee's obligations regarding complying with accessibility regulations, as potentially outlined in Item 9, and how does this relate to the site selection criteria outlined in Item 11?

Carls Franchise · 2024 FDD

Answer from 2024 FDD Document

Obligation Section in Franchise Agreement (FA) and Development Agreement (DA) Disclosure Document Item
a. Site selection and acquisition/lease FA: Section 3 DA: Sections 3-5 Items 7 & 11
g. Compliance with standards and policies/Operating Manual FA: Sections 6, 7 & 10 DA: Section 6 Items 8 & 11
m. Maintenance, appearance and remodeling requirements FA: Sections 2, 7 & 10 DA: Not Applicable Item 11

We do not select the site for your Franchised Restaurant. You select the site for your Franchised Restaurant subject to our acceptance. As noted in Item 1, you should not acquire any interest in a site for your Franchised Restaurant until you have been approved as a franchisee (or, if you already are a franchisee, until you have been approved for expansion) and we have accepted the site in writing. We generally do not own the Franchised Restaurant premises and lease them to franchisees.

We will review the construction plans for the proposed Franchised Restaurant and notify you within 30 days after we receive the plans, or such longer period as we require, whether the plans are approved. (Franchise Agreement, §4.B.).

Franchisee agrees to cooperate with CJR by maintaining these high standards in the operation of the Franchised Restaurant. Franchisee further agrees to comply with all System specifications, recipes, standards and operating procedures (whether contained in the OPM or any other written communication to Franchisee) relating to the appearance, function, cleanliness and operation of a Carl's Jr. Restaurant

  • D. CJR has the right, in its sole discretion, to waive, defer or permit variations from the standards of the System or the applicable agreement to any franchisee or prospective franchisee based on the peculiarities of a particular site, existing building configuration or circumstance, density of population, business potential, trade area population or any other condition or circumstance.

Capital expenses necessary for the repair and maintenance of the Franchised Location and modifications required by applicable law or required to abate a hazardous situation are not subject to the time limitations described in the preceding sentence.

What This Means (2024 FDD)

According to Carls's 2024 Franchise Disclosure Document, franchisees have obligations to comply with standards and policies, as well as maintenance, appearance, and remodeling requirements, which are detailed in the Franchise Agreement and Development Agreement, and further elaborated in Items 8 and 11. Item 11 specifies that Carls does not select the site for the Franchised Restaurant; instead, the franchisee selects the site subject to Carls's acceptance. The franchisee may need to submit a real estate package with information that conforms to Carls's site selection criteria.

Carls will review construction plans for the proposed Franchised Restaurant and notify the franchisee within 30 days after receiving the plans whether they are approved. The franchisee must also adhere to the standards, specifications, and procedures related to the appearance, layout, decor, services, and operation of the Franchised Restaurant. This includes compliance with all System specifications, recipes, standards, and operating procedures detailed in the OPM or any other written communication from Carls.

Carls also has the right to waive, defer, or permit variations from the standards of the System based on the peculiarities of a particular site or existing building configuration. Furthermore, franchisees are responsible for capital expenses necessary for repairs, maintenance, and modifications required by applicable law or to abate a hazardous situation. This indicates that franchisees bear the responsibility for ensuring their locations comply with accessibility regulations, and these considerations should be factored into site selection and development plans.

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.