Who is responsible for evaluating a Churchs Chicken Authorized Site's soil 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, the Developer, not Cajun Global LLC (Churchs Chicken), is solely responsible for evaluating a potential site's soil for hazardous substances. This means the franchisee bears the responsibility and cost of ensuring the land is free from environmental contamination before developing a Churchs Chicken restaurant. Churchs Chicken assumes no liability for this evaluation.
This allocation of responsibility is significant for prospective franchisees. They must conduct thorough due diligence to assess environmental risks, which may involve hiring environmental consultants to perform soil testing and site assessments. The cost of remediation, should contamination be found, would also fall on the franchisee.
Furthermore, the franchisee is responsible for obtaining assurances that the site complies with the Americans With Disabilities Act (ADA) and all other applicable laws. This highlights the importance of franchisees conducting comprehensive due diligence before committing to a location. Franchisees cannot rely on Churchs Chicken for these evaluations or for ensuring compliance with legal requirements related to the site.