Does Cajun assume responsibility for inspection of any structure on the Franchised Location for other toxic or hazardous materials for a Churchs Chicken franchise?
Churchs_Chicken Franchise · 2025 FDDAnswer from 2025 FDD Document
- B. 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, the entity related to the franchisor, does not assume liability or responsibility for the inspection of any structure on the Authorized Site or Franchised Location for asbestos or other toxic or hazardous materials. This responsibility falls solely on the developer or franchisee.
This means that a prospective Churchs Chicken franchisee is responsible for obtaining their own independent evaluations and assurances regarding the environmental condition of the site and any structures on it. This includes ensuring the site is free from environmental contamination and complies with all applicable laws, including the Americans with Disabilities Act (ADA).
The FDD also states that franchisees should not rely on any opinions expressed by Churchs Chicken or its representatives regarding structural integrity, safety, construction procedures, building codes, or other related matters. The franchisee is responsible for consulting with their own architect and other professionals. Churchs Chicken's final inspection and authorization to open a franchised restaurant does not represent a warranty that the restaurant meets all architectural, engineering, or legal standards; it only confirms that the restaurant meets Churchs Chicken's minimum requirements for design and layout consistency.
Therefore, it is crucial for potential Churchs Chicken franchisees to conduct thorough due diligence on the proposed site, including environmental assessments and structural inspections, to ensure compliance and avoid potential liabilities. This is a standard practice in franchising, as the franchisee typically bears the responsibility for site selection and compliance.