Does Cinnabon's acceptance of an architect or general contractor make them liable for their performance?
Cinnabon Franchise · 2025 FDDAnswer from 2025 FDD Document
As you design and construct your Bakery, you must hire an architect that we accept in writing to prepare your plans and make any necessary changes to our standard layout and specifications. In addition, you must hire a licensed and insured general contractor that we accept to complete the build-out of your Bakery. Our acceptance of your architect or general contractor will not in any way be our endorsement of your architect or general contractor or render us liable for your architect's or general contractor's performance.
Source: Item 8 — Restrictions on Sources of Products and Services (FDD pages 59–63)
What This Means (2025 FDD)
According to Cinnabon's 2025 Franchise Disclosure Document, Cinnabon requires franchisees to hire an architect and a general contractor that they accept in writing to design and construct the bakery. However, Cinnabon states that their acceptance of the architect or general contractor does not constitute an endorsement, nor does it render them liable for the performance of either the architect or the general contractor.
This means that while Cinnabon has the right to approve the franchisee's choices of architect and general contractor, the franchisee is ultimately responsible for the performance of these individuals. If the architect makes errors in the plans or the general contractor does a poor job with the build-out, the franchisee cannot hold Cinnabon responsible.
This is a fairly standard practice in franchising, where the franchisee is generally considered an independent business owner responsible for their own operations and construction. Prospective Cinnabon franchisees should carefully vet any architect or general contractor they plan to hire, even if those professionals have been 'accepted' by Cinnabon. It would be prudent to seek legal advice on contracts with these professionals to ensure adequate protection.