Is Chocolate Fish Coffee required to inspect the franchisee's construction or remodeling progress?
Chocolate_Fish_Coffee Franchise · 2024 FDDAnswer from 2024 FDD Document
Franchisee shall construct (or remodel) and finish the Location in conformity with Chocolate Fish Franchising's System Standards. If required by Chocolate Fish Franchising, Franchisee shall engage the services of an architect licensed in the jurisdiction of the Location. Franchisee shall not begin any construction or remodeling work without first obtaining Chocolate Fish Franchising's approval of Franchisee's plans. Chocolate Fish Franchising may, but is not required to, inspect Franchisee's construction or remodeling progress at any reasonable time. Franchisee shall not rely upon any information provided or opinions expressed by Chocolate Fish Franchising or its representatives regarding any architectural, engineering, or legal matters (including without limitation the Americans With Disabilities Act) in the development and construction of the Business, and Chocolate Fish Franchising assumes no liability with respect thereto. Chocolate Fish Franchising's inspection and/or approval to open the Business is not a representation or a warranty that the Business has been constructed in accordance with any architectural, engineering, or legal standards.
Source: Item 23 — RECEIPTS (FDD pages 41–119)
What This Means (2024 FDD)
According to the 2024 Chocolate Fish Coffee Franchise Disclosure Document, Chocolate Fish Franchising may, but is not required to, inspect a franchisee's construction or remodeling progress at any reasonable time. However, franchisees must first obtain Chocolate Fish Franchising's approval of their plans before beginning any construction or remodeling work.
This means that while Chocolate Fish Coffee has the option to oversee the construction or remodeling, it is not obligated to do so. The franchisee is responsible for ensuring the location conforms to Chocolate Fish Coffee's System Standards. It is important to note that franchisees cannot rely on information or opinions from Chocolate Fish Coffee regarding architectural, engineering, or legal matters during development and construction, and Chocolate Fish Coffee assumes no liability in these areas.
Furthermore, Chocolate Fish Coffee's inspection and approval to open the business does not represent a warranty that the business has been constructed according to any architectural, engineering, or legal standards. This places the onus on the franchisee to ensure full compliance with all applicable standards and regulations during the construction and remodeling phases. Franchisees should engage qualified professionals to ensure compliance, as Chocolate Fish Coffee's approval is not a guarantee of such compliance.