Can Chicken Guy require the franchisee to use a specific architect for the Chicken Guy restaurant construction?
Chicken_Guy Franchise · 2025 FDDAnswer from 2025 FDD Document
charge or increase in any rentals payable to the landlord.
5. CONSTRUCTION OF THE FRANCHISED RESTAURANT
A. Development Training. Franchisee shall complete, to Chicken Guy's satisfaction, any development training required by Chicken Guy. Franchisee also may attend optional development training as offered by Chicken Guy from time to time, subject to payment of a tuition fee as established by Chicken Guy from time to time. Franchisee will be required to pay all travel, living, food and other incidental expenses incurred by Franchisee and its employees while attending development training and optional development training.
B. Restaurant Development.
- (1) Franchisee assumes all cost, liability and expense for developing, constructing and equipping the Franchised Restaurant. Chicken Guy will furnish to Franchisee prototypical plans and specifications for a Chicken Guy! Restaurant, including requirements for dimensions, design, image, interior layout, décor, fixtures, equipment, signs, furnishings, storefront and color scheme. Chicken Guy reserves the right to require Franchisee to engage the services of an architect that has been approved by Chicken Guy. It shall be Franchisee's responsibility to have the approved architect prepare all required construction plans and specifications to suit the shape and dimensions of the Franchised Location, and Franchisee must ensure that these plans and specifications comply with applicable ordinances, building codes and permit requirements and with lease requirements and restrictions. Franchisee shall use only registered architects, registered engineers, and professional and licensed contractors.
- (2) Franchisee shall submit proposed construction plans, specifications and drawings for the Franchised Restaurant ("Plans") to Chicken Guy and shall, upon Chicken Guy's request, submit all revised or "as built" Plans during the course of such construction. Chicken Guy will approve or refuse to approve the Plans and notify Franchisee within 14 days after Chicken Guy receives the Plans. (Chicken Guy's approval shall not be unreasonably withheld.) Once Chicken Guy has approved the Plans, no substantial change shall be made to the Plans without the prior approval of Chicken Guy, which shall not be unreasonably withheld. If, in the course of construction, any such change in the Plans is contemplated, Chicken Guy's approval must first be obtained before proceeding. Chicken Guy shall approve or reject Plan changes within 10 business days after receipt.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to Chicken Guy's 2025 Franchise Disclosure Document, Chicken Guy reserves the right to require franchisees to engage the services of an architect that has been approved by Chicken Guy. The franchisee is responsible for having the approved architect prepare all required construction plans and specifications to suit the shape and dimensions of the Franchised Location. The franchisee must ensure that these plans and specifications comply with applicable ordinances, building codes and permit requirements, as well as lease requirements and restrictions.
Furthermore, the franchisee must use only registered architects, registered engineers, and professional and licensed contractors. The franchisee is required to submit proposed construction plans, specifications, and drawings for the Franchised Restaurant to Chicken Guy for approval. Chicken Guy will then approve or refuse to approve the plans within 14 days of receipt; this approval will not be unreasonably withheld.
Prior to construction, the franchisee must provide Chicken Guy with a copy of the fully-executed lease or proof of ownership. Throughout the construction or renovation, the franchisee must ensure that their architect, project manager, engineer, general contractor, and subcontractors cooperate fully with Chicken Guy and its designees, allowing them to inspect the location and construction progress to ensure it aligns with the approved plans. Chicken Guy also has the right to delay the opening of the Franchised Restaurant if any portion of the construction does not meet their specifications, until the franchisee brings the development into full compliance.