Can a Churchs Chicken franchisee rely on opinions expressed by Cajun regarding structural integrity?
Churchs_Chicken Franchise · 2025 FDDAnswer from 2025 FDD Document
- D. Developer 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 Developer and its architect.
The duties of Cajun's construction representatives are limited solely to ensuring that development plans and other requirements under this Agreement and the Franchise Agreement are met.
Cajun and its employees do not act as an architect or agent of Developer.
Cajun assumes no liability or responsibility for architectural or engineering plans or judgments outside the scope of the duties stated above.
Source: Item 23 — RECEIPT (FDD pages 68–406)
What This Means (2025 FDD)
According to Churchs Chicken's 2025 Franchise Disclosure Document, franchisees are explicitly advised not to rely on any opinions from Cajun or its representatives regarding structural integrity. This includes opinions related to safety, construction procedures, building codes, ordinances, or any other matters that fall under the franchisee's and their architect's responsibilities. Cajun, in this context, refers to the franchisor or its affiliated entities.
This stipulation is significant because it clarifies the division of responsibilities between Churchs Chicken and its franchisees during the construction or renovation phases. The franchisee is responsible for ensuring the structural soundness and code compliance of their restaurant location. While Cajun's construction representatives ensure that development plans and other requirements are met under the Franchise Agreement, their role is limited to these specific duties. Cajun and its employees do not act as the franchisee's architect or agent, and they assume no liability for architectural or engineering plans or judgments outside the scope of their defined duties.
The FDD emphasizes that it is the franchisee's responsibility to obtain satisfactory evidence and assurances that the site and any structures on it are free from environmental contamination and comply with the Americans with Disabilities Act (ADA) and all other applicable laws. This includes conducting necessary evaluations of the site's soil and inspections for hazardous materials like asbestos. The franchisee bears the onus of ensuring compliance with all legal and regulatory requirements.
In practical terms, a prospective Churchs Chicken franchisee should engage qualified professionals, such as architects and engineers, to assess the structural integrity and safety of their chosen location. They should not depend on any informal opinions or assurances from Cajun representatives. This requirement underscores the importance of due diligence and independent verification to protect the franchisee's investment and ensure compliance with all applicable standards and regulations.