For a Cilantro Taco Grill franchise, who is responsible for obtaining architectural, engineering, and design services for the construction of the Restaurant?
Cilantro_Taco_Grill Franchise · 2024 FDDAnswer from 2024 FDD Document
- 8.2.2 Franchisee shall obtain architectural, engineering and design services for the construction of the Restaurant from a licensed architect and general contractor at its own expense.
The architect and general contractor shall meet Franchisor's approval.
Franchisee shall have the prototypical plans and specifications for the building and furnishing for a standard Restaurant, which Franchisor provided to Franchisee in accordance with Section 10.2, adapted as necessary by the architect and general contractor for the construction of the selected site.
Such plans shall comply with all applicable laws, rules, regulations, ordinances and building codes including any relating to accommodations for disabled persons (the Americans with Disabilities Act), for the city and state in which the Restaurant will be located.
Prior to their use, Franchisee shall submit such adapted plans, specifications and blueprints to Franchisor for its review.
If Franchisor determines, in its reasonable discretion, that any such plans, specifications and blueprints are not consistent with the best interests of the System, Franchisor may prohibit the implementation of such plans, specifications and blueprints, and in this event will notify Franchisee of any objection(s) within fourteen (14) business days of receiving such plans, specifications and blueprints.
Source: Item 23 — RECEIPT (FDD pages 52–208)
What This Means (2024 FDD)
According to the 2024 Cilantro Taco Grill Franchise Disclosure Document, the franchisee is responsible for obtaining architectural, engineering, and design services for the construction of their restaurant. The franchisee must secure these services from a licensed architect and general contractor, and they must bear the expenses associated with these services.
Before starting construction, the franchisee must get Cilantro Taco Grill's approval for their chosen architect and contractor; such approval will not be unreasonably withheld. The franchisee is also required to adapt Cilantro Taco Grill's standard construction plans and specifications for the specific location and submit these adapted plans to Cilantro Taco Grill for approval. Additionally, the franchisee is responsible for obtaining all necessary permits, licenses, insurance, and certifications for the lawful construction, remodeling, and operation of the franchise, including permits for signage.
The architect and general contractor must adapt the prototypical plans and specifications for a standard Cilantro Taco Grill restaurant to the selected site, ensuring compliance with all applicable laws, rules, regulations, ordinances, and building codes, including those related to the Americans with Disabilities Act. The franchisee must submit these adapted plans, specifications, and blueprints to Cilantro Taco Grill for review before implementation.
Cilantro Taco Grill retains the right to review and approve the franchisee's construction plans. If Cilantro Taco Grill determines that the plans are not in the best interest of the system, they can prohibit their implementation and must notify the franchisee of any objections within 14 business days of receiving the plans.