Does Cajun assume liability for compliance with the Americans with Disabilities Act for a Churchs Chicken franchise?
Churchs_Chicken Franchise · 2025 FDDAnswer from 2025 FDD Document
Cajun assumes no liability or responsibility for: (1) evaluation of the Franchised Location's soil for hazardous substances; (2) inspection of any structure on the Franchised Location for asbestos or other toxic or hazardous materials; (3) compliance with the Americans with Disabilities Act or similar state laws ("ADA"); or (4) compliance with any other law.
It is Franchisee's sole responsibility to obtain satisfactory evidence and/or assurances that each Franchised Location (and any structures thereon) is free from environmental contamination and in compliance with the requirements of ADA.
- C. Franchisee shall not rely upon any opinions expressed by Cajun or any of its officers, directors, stockholders, employees or agents regarding structural integrity, safety or construction procedures, building codes or ordinances or other matters properly within the responsibility of Franchisee and its architect.
The duties of Cajun's construction representatives are limited solely to ensuring that development plans and other requirements under this Agreement are met.
Cajun and its employees do not act as an architect or agent of Franchisee.
Source: Item 23 — RECEIPT (FDD pages 68–406)
What This Means (2025 FDD)
According to Churchs Chicken's 2025 Franchise Disclosure Document, Cajun assumes no liability or responsibility for compliance with the Americans with Disabilities Act (ADA). The responsibility for ADA compliance falls solely on the franchisee or developer. This means that franchisees must ensure that their franchised location meets all ADA requirements.
Specifically, the franchisee is responsible for obtaining satisfactory evidence and assurances that each franchised location complies with the requirements of the ADA. This includes ensuring that the site and any structures on it meet the necessary standards. The franchisee should not rely on any opinions expressed by Cajun or its representatives regarding building codes or other matters related to ADA compliance.
This allocation of responsibility is a common practice in franchising, where franchisees typically bear the responsibility for ensuring their locations comply with all applicable laws, including the ADA. Prospective Churchs Chicken franchisees should conduct thorough due diligence to ensure their chosen location meets all ADA requirements and consult with qualified professionals to ensure compliance.