For a Carvel franchise, is Carvel's designation or pre-approval of an architect considered an endorsement of that architect?
Carvel Franchise · 2025 FDDAnswer from 2025 FDD Document
You must engage, at your expense, a licensed architect ("Architect") that we have designated or pre-approved, unless we, in our sole discretion, agree in writing to accept an Architect that you propose.
Our designation, pre-approval, or acceptance of an Architect will not in any way be our endorsement of such Architect or render us liable for such Architect's performance or such Architect's compliance with professional design standards or adherence to local codes.
Source: Item 23 — Receipts (FDD pages 100–353)
What This Means (2025 FDD)
According to Carvel's 2025 Franchise Disclosure Document, Carvel's designation or pre-approval of an architect does not constitute an endorsement of the architect. The FDD clearly states that even if Carvel designates, pre-approves, or accepts a particular architect, this action does not imply any endorsement or liability for the architect's performance, compliance with professional design standards, or adherence to local codes.
This is a common practice in franchising, where franchisors often provide a list of approved vendors or suppliers to ensure brand consistency and quality control. However, franchisees are typically responsible for independently assessing the suitability and competence of these vendors. Carvel's explicit disclaimer protects them from liability related to the architect's work.
For a prospective Carvel franchisee, this means that while Carvel may offer a list of architects, the franchisee must still conduct their own due diligence to ensure the architect is qualified and capable of meeting their specific needs and local requirements. The franchisee bears the ultimate responsibility for the architect's performance and compliance with all applicable regulations.