What is the Individual's obligation regarding Checkers' plans and specifications for the development of Restaurants?
Checkers Franchise · 2025 FDDAnswer from 2025 FDD Document
or developing the Franchised Restaurant, funding all expenses associated therewith, and for complying with the requirements of any applicable federal, state or local law, code or regulation, including those concerning the Americans with Disabilities Act ("ADA") or similar rules governing public accommodations for persons with disabilities.
Upon your request, we will furnish you with the prototype plans for a Restaurant. You may be required to pay a fee for any prototype plans that we furnish to you. The prototype plans are to be used as a guideline for your use in developing a final set of plans for construction of the Franchised Restaurant. You may modify those prototype plans only as required to ensure that the plans and all specifications comply with all applicable federal, state and local laws, codes and regulations, ordinances, building codes and permit requirements and any lease requirements and restrictions. You may not make modifications to the dimensions or the exterior design of the building for the Franchised Restaurant without our specific authorization. You must submit all modified plans and specifications to us for our approval before seeking municipal approval to develop the Premises. Our review and approval of your plans are not designed to assess compliance with federal, state or local laws and regulations, including the ADA, as compliance with such laws is your sole responsibility. At our request, you must submit to us all revised or "as built" plans and specifications. All development must be in accordance with the plans and specifications we have approved, and must comply with all applicable laws, ordinances and local rules and regulations. The architect and/or general contractor
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you use to design and construct the Franchised Restaurant must be approved by us in writing. Any architect, general contractor or other builders you use must be licensed and maintain architect's, builder's and/or contractors insurance (as applicable). Our approval of any architect, general contractor or other builders that you use to design or construct the Franchised Restaurant is not a representation or warranty of any kind, express or implied, of the architect's, general contractor's or other builder's qualifications or competence in designing or constructing the Our approval indicates only that we believe that the Franchised Restaurant. architect, general contractor or other builder meets our then acceptable criteria. We will furnish such guidance to you in developing the Premises as we deem appropriate. We may periodically inspect the Premises during its development. We do not, by approving your plans or specifications or inspecting the Premises, assume any liability or responsibility to you or to any third parties. Such approvals and inspections shall be solely for the purpose of assuring compliance with our standards and shall not be construed as any express or implied representation or warranty that your Franchised Restaurant complies with any applicable laws, codes or regulations (including the ADA or any other federal, state or local law or ordinance regulating standards for access to, use of, or modifications of buildings by or for any persons whose disabilities are protected by law) or that the construction thereof is sound or free from defects.
Source: Item 22 — CONTRACTS (FDD pages 91–92)
What This Means (2025 FDD)
According to Checkers's 2025 Franchise Disclosure Document, franchisees must adhere to specific guidelines and requirements when developing a restaurant. Checkers will provide prototype plans, possibly for a fee, to be used as a guideline for creating final construction plans. Franchisees can modify these plans to comply with applicable laws, codes, and regulations, but they need specific authorization from Checkers for changes to the building's dimensions or exterior design.
Before seeking municipal approval, franchisees must submit all modified plans and specifications to Checkers for approval. However, Checkers's approval doesn't guarantee compliance with laws like the ADA, as that responsibility rests solely with the franchisee. Franchisees must also submit revised or "as built" plans to Checkers upon request. All development must align with the approved plans and specifications and comply with all applicable laws and local regulations.
The architect and/or general contractor used for the restaurant's design and construction must be approved in writing by Checkers, and they must be licensed and insured. Checkers's approval of these professionals doesn't represent a warranty of their qualifications or competence but indicates they meet Checkers's criteria. Checkers may offer guidance during the premises' development and inspect it periodically. However, plan approvals or inspections don't imply liability or responsibility to the franchisee or third parties, and they don't guarantee compliance with laws or the soundness of the construction. Checkers retains sole and exclusive property rights to all prototype plans and other plans and specifications for the franchised restaurant.