Does Cajun assume no liability or responsibility for engineering judgments outside the scope of the duties stated in the agreement for a Churchs Chicken franchise?
Churchs_Chicken Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
Cajun assumes no liability or responsibility for architectural or engineering plans or judgments outside the scope of the duties stated above.
Cajun's final inspection and authorization to open the Franchised Restaurant is not a representation or a warranty that the Franchised Restaurant has been constructed in accordance with any architectural, engineering or legal standards for design or workmanship.
It merely means that Cajun is satisfied that the minimum requirements which Cajun has established for consistency of design and layout have been met.
Franchisee agrees that Cajun's final inspection and authorization to open the Franchised Restaurant shall not impose any liability or responsibility on Cajun.
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 architectural or engineering plans or judgments outside the scope of their stated duties. The duties of Cajun's construction representatives are limited to ensuring that development plans and other requirements under the Franchise Agreement are met. Cajun and its employees do not act as an architect or agent of the franchisee.
This means that while Churchs Chicken provides support in ensuring the development plans meet the agreement requirements, the franchisee is ultimately responsible for the structural integrity, safety, and construction procedures of the restaurant. Franchisees should not rely on any opinions expressed by Cajun regarding these matters, as they fall under the responsibility of the franchisee and their chosen architect.
This allocation of responsibility is fairly standard in the franchise industry, where franchisees typically bear the responsibility for construction and compliance with local building codes. It is crucial for prospective Churchs Chicken franchisees to engage qualified architects and engineers to ensure the restaurant's construction meets all applicable standards and regulations. The final inspection and authorization to open a franchised restaurant by Cajun does not represent a warranty that the restaurant has been constructed according to architectural, engineering, or legal standards for design or workmanship; it only signifies that the minimum requirements established by Cajun for consistency of design and layout have been met.