Does CB Franchising assume liability regarding architectural, engineering, or legal matters in the development and construction of a Chocolate Bash business?
Chocolate_Bash Franchise · 2024 FDDAnswer from 2024 FDD Document
- (iii) CB Franchising's advice regarding or acceptance of a site is not a representation or warranty that the Business will be successful, and CB Franchising has no liability to Franchisee with respect to the location of the Business.
Source: Item 22 — CONTRACTS (FDD pages 38–39)
What This Means (2024 FDD)
According to Chocolate Bash's 2024 Franchise Disclosure Document, CB Franchising provides franchisees with a sample set of standard building plans and specifications or standard recommended floor plans. However, Chocolate Bash explicitly states that its advice or acceptance of a site does not constitute a representation or warranty of the business's success, and they assume no liability regarding the location of the business.
This means that while Chocolate Bash offers guidance and standards for the location and construction of the franchise, the franchisee is ultimately responsible for ensuring the suitability and legality of the chosen location and its development. Franchisees should not rely solely on Chocolate Bash's advice and should conduct their own due diligence, including consulting with professionals in architecture, engineering, and law, to ensure compliance with local regulations and the viability of the site.
The franchisee bears the risk of selecting a location that may not be successful or compliant with regulations, even if Chocolate Bash has provided some level of advice or acceptance. This underscores the importance of independent professional advice and thorough investigation by the franchisee before committing to a specific location and commencing construction. Franchisees need to be aware that Chocolate Bash is not liable for any issues arising from the location of the business.