Is it the Churchs Chicken franchisee's responsibility to obtain assurances that the location is free from environmental contamination?
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, it is the franchisee's responsibility to obtain assurances that the location is free from environmental contamination. Churchs Chicken assumes no liability or responsibility for the evaluation of a franchised location's soil for hazardous substances or the inspection of any structure for asbestos or other toxic or hazardous materials.
Specifically, the franchisee must obtain satisfactory evidence that each franchised location is free from environmental contamination and complies with the Americans with Disabilities Act (ADA). The franchisee also needs to ensure compliance with any other applicable laws. Churchs Chicken's duties are limited to ensuring that the development plans and other requirements are met, and their employees do not act as an architect or agent of the franchisee.
This means that prospective Churchs Chicken franchisees need to conduct thorough due diligence on potential sites. This includes environmental assessments and inspections to ensure the property is free of contamination and meets all legal requirements. Failure to do so could result in significant financial liabilities for remediation or non-compliance with laws like the ADA. Franchisees should engage qualified professionals to conduct these assessments and not rely on any opinions from Churchs Chicken regarding structural integrity, safety, or construction procedures.