What is the required action regarding submitting modified plans and specifications to Checkersrallys before seeking municipal approval?
Checkersrallys Franchise · 2025 FDDAnswer from 2025 FDD Document
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 Checkersrallys's 2025 Franchise Disclosure Document, if a franchisee modifies the prototype plans for their restaurant, they must submit these modified plans and specifications to Checkersrallys for approval before seeking municipal approval to develop the premises. This ensures that any changes still align with Checkersrallys's brand standards and operational requirements. However, Checkersrallys's review and approval do not guarantee compliance with federal, state, or local laws, including the Americans with Disabilities Act (ADA); the franchisee remains solely responsible for ensuring such compliance.
This requirement is a standard practice in franchising, where franchisors maintain control over brand image and consistency. By requiring franchisees to submit modified plans, Checkersrallys can ensure that the restaurant's design and construction meet their standards before the franchisee proceeds with obtaining necessary local approvals. This process helps to avoid potential issues with the restaurant's design or construction that could negatively impact the brand or violate local regulations.
Furthermore, Checkersrallys also requires that the architect and/or general contractor used for the design and construction of the franchised restaurant be approved in writing by them. This approval, however, does not constitute a representation or warranty of any kind regarding the qualifications or competence of the architect or contractor. It simply indicates that Checkersrallys believes the professional meets their acceptable criteria. The franchisee is responsible for ensuring that the chosen professionals are licensed and maintain appropriate insurance.