Is Cajun responsible for evaluating the soil of a Churchs Chicken franchised location for hazardous substances?
Churchs_Chicken Franchise · 2025 FDDAnswer from 2025 FDD Document
Cajun assumes no liability or responsibility for: (a) evaluation of an Authorized Site's soil for hazardous substances; (b) inspection of any structure on the Authorized Site for asbestos or other toxic or hazardous materials; (c) compliance with the Americans With Disabilities Act ("ADA"); or (d) compliance with any other applicable law.
It is Developer's sole responsibility to obtain satisfactory evidence and/or assurances that the Authorized Site (and any structures thereon) is free from environmental contamination and complies with the ADA and other applicable laws.
Source: Item 23 — RECEIPT (FDD pages 68–406)
What This Means (2025 FDD)
According to Churchs Chicken's 2025 Franchise Disclosure Document, Cajun (likely referring to the franchisor or an affiliated entity) assumes no liability or responsibility for evaluating a potential Churchs Chicken site's soil for hazardous substances. This responsibility falls solely on the developer or franchisee. This also extends to inspecting any structures on the site for asbestos or other toxic materials.
This means that a prospective Churchs Chicken franchisee must conduct their own due diligence to ensure the site is free from environmental contamination. This includes obtaining satisfactory evidence and assurances that the site complies with all applicable laws, including the Americans with Disabilities Act (ADA).
The franchisee cannot rely on any opinions expressed by Cajun or its representatives regarding structural integrity, safety, construction procedures, or compliance with building codes. Cajun's role is limited to ensuring that development plans and other requirements under the franchise agreement are met. The franchisee is responsible for consulting with their own architect and other professionals to ensure compliance with all applicable regulations.
This allocation of responsibility is fairly standard in franchising, where franchisees typically bear the responsibility for site selection and compliance. However, it underscores the importance of thorough due diligence and independent verification by the franchisee before committing to a location. Failing to do so could expose the franchisee to significant environmental liabilities and remediation costs.