Who is responsible for developing the Checkers Franchised Restaurant and associated expenses?
Checkers Franchise · 2025 FDDAnswer from 2025 FDD Document
You are responsible for developing your Franchised Restaurant, for all expenses associated with it and for compliance 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. You must exercise every reasonable effort to obtain all necessary governmental approvals for the development of the Franchised Restaurant in accordance with applicable laws. At your request, we will provide you with prototype plans, or other design materials, concerning build out for a Restaurant, for which we may require you to pay a fee. (Currently, none.) The plans are supplied as a draft only 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 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 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 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 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 Franchised Restaurant. Our approval indicates only that we believe that the architect, general contractor or other builder meets our then acceptable
Source: Item 8 — RESTRICTIONS ON SOURCES OF PRODUCTS AND SERVICES (FDD pages 39–44)
What This Means (2025 FDD)
According to Checkers's 2025 Franchise Disclosure Document, the franchisee is responsible for developing their franchised restaurant and covering all associated expenses. This includes ensuring compliance with all applicable federal, state, and local laws, codes, and regulations, including the Americans with Disabilities Act (ADA). The franchisee must also make every reasonable effort to obtain all necessary governmental approvals for the restaurant's development in accordance with applicable laws.
Checkers may provide prototype plans or other design materials for the restaurant's build-out at the franchisee's request, potentially requiring a fee. These plans are supplied as a draft for the franchisee to develop a final set of construction plans. While franchisees can modify the prototype plans to comply with applicable codes and regulations, they cannot alter the building's dimensions or exterior design without specific authorization from Checkers. All modified plans and specifications must be submitted to Checkers for approval before seeking municipal approval.
It is important to note that Checkers's review and approval of the franchisee's plans do not guarantee compliance with federal, state, or local laws, including the ADA. Compliance with these laws remains the franchisee's sole responsibility. The franchisee must also ensure that the architect and/or general contractor used for the design and construction of the restaurant are approved by Checkers in writing, are licensed, and maintain appropriate insurance. However, Checkers's approval of these professionals does not constitute a warranty of their qualifications or competence.
Overall, the franchisee bears the primary responsibility for all aspects of the restaurant's development, from initial planning and design to construction and regulatory compliance. This includes managing all associated expenses and ensuring that the restaurant meets Checkers's standards and specifications, as well as all applicable legal requirements.