Is it the Churchs Chicken franchisee's responsibility to obtain assurances that the location is in compliance with the requirements of ADA?
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.
Source: Item 23 — RECEIPT (FDD pages 68–406)
What This Means (2025 FDD)
According to Churchs Chicken's 2025 Franchise Disclosure Document, it is the franchisee's sole responsibility to ensure compliance with the Americans with Disabilities Act (ADA). Churchs Chicken assumes no liability or responsibility for ADA compliance. This responsibility extends to obtaining satisfactory evidence and assurances that the franchised location, including any structures on it, meets ADA requirements.
This means that prospective Churchs Chicken franchisees must conduct their own due diligence to verify that the site they choose is ADA compliant. This may involve hiring professionals to inspect the site and provide the necessary assurances. The franchisee cannot rely on Churchs Chicken or its representatives for opinions on matters related to ADA compliance, structural integrity, or building codes.
The franchisor's acceptance of a site does not imply any guarantee of ADA compliance or profitability. The franchisee bears the risk of ensuring the location meets all legal requirements, including ADA, before opening the Churchs Chicken restaurant. This is a critical aspect of the investment and operational responsibilities of the franchisee.
This allocation of responsibility is fairly typical in franchising, where franchisees generally bear the burden of ensuring their specific location complies with all applicable laws. However, prospective franchisees should confirm with Churchs Chicken what specific support or guidance, if any, the franchisor provides to help franchisees navigate ADA compliance.