What is the Developer's sole responsibility regarding environmental contamination and ADA compliance for a Carls Jr. Authorized Site?
Carls_Jr Franchise · 2025 FDDAnswer from 2025 FDD Document
CJR assumes no liability or responsibility for: (1) evaluation of an Authorized Site's soil for hazardous substances; (2) inspection of any structure on the Authorized Site for asbestos or other toxic or hazardous materials; (3) compliance with the Americans with Disabilities Act ("ADA"); or (4) compliance with any other applicable law. It is Developer's sole responsibility to obtain satisfactory evidence and/or
assurances that the Authorized Site (and any structures thereon) is free from environmental contamination and in compliance with the requirements of the ADA.
Source: Item 23 — RECEIPTS (FDD pages 76–364)
What This Means (2025 FDD)
According to Carls Jr.'s 2025 Franchise Disclosure Document, the developer bears the sole responsibility for ensuring that an Authorized Site is free from environmental contamination and complies with the Americans with Disabilities Act (ADA). This means that before developing a Carls Jr. restaurant at a site, the developer must obtain satisfactory evidence and assurances regarding these issues.
This requirement places a significant burden on the developer, who must conduct due diligence to assess potential environmental risks and ensure ADA compliance. This may involve hiring environmental consultants to evaluate the soil and structures for hazardous substances and engaging experts to assess the site's accessibility for individuals with disabilities. The developer is responsible for all costs associated with these assessments and any remediation or modifications necessary to meet environmental and ADA standards.
Carls Jr. explicitly assumes no liability or responsibility for evaluating the site's soil for hazardous substances, inspecting structures for toxic materials, or ensuring compliance with the ADA or any other applicable law. Therefore, it is crucial for prospective Carls Jr. developers to carefully evaluate potential sites and understand the full scope of their responsibilities regarding environmental and ADA compliance. Failing to do so could result in significant financial liabilities and delays in the development process.