Is a Clean Your Dirty Face franchisee's acceptance of a site based on their own investigation?
Clean_Your_Dirty_Face Franchise · 2025 FDDAnswer from 2025 FDD Document
You acknowledge and agree that your acceptance of a site is based on your own independent investigation of the site's suitability for a CYDF Facial Bar. Neither the information we give you regarding a site for the Premises (including any recommendations) nor the assistance we or our representatives provide you in selecting the site, constitutes a representation or warranty of any kind, express or implied, of the site's suitability for a CYDF Facial Bar or any other purpose. Our recommendations and assistance indicate only that we believe that the site and location meet our then-acceptable criteria. Applying criteria that have appeared effective with other sites and locations might not accurately reflect the potential for all sites and locations, and factors included in or excluded from our criteria could change, altering the potential of a site or location. The uncertainty and variability of these criteria are beyond our control, and we are not responsible if a site and location we recommend fails to meet your expectations.
Source: Item 22 — CONTRACTS (FDD page 54)
What This Means (2025 FDD)
According to Clean Your Dirty Face's 2025 Franchise Disclosure Document, a franchisee's acceptance of a site is based on their own independent investigation. While Clean Your Dirty Face must approve the premises, the franchisee acknowledges that their decision to accept the site is based on their own assessment of its suitability for a Clean Your Dirty Face Facial Bar. This means the franchisee is responsible for conducting thorough due diligence to determine if the location meets their needs and expectations.
Clean Your Dirty Face may provide information and assistance in selecting a site, but this does not constitute a representation or warranty of the site's suitability. The franchisor's recommendations only indicate that they believe the site meets their then-acceptable criteria. The FDD emphasizes that the criteria used to evaluate sites may change, and factors included or excluded from their criteria could alter a site's potential.
This arrangement places the onus on the franchisee to carefully evaluate the site's potential, considering factors such as local market conditions, demographics, competition, and accessibility. The franchisee should not solely rely on Clean Your Dirty Face's recommendations, as the franchisor is not responsible if the site fails to meet the franchisee's expectations. This is a common practice in franchising, where franchisees bear the ultimate responsibility for the success of their individual locations.
Therefore, prospective Clean Your Dirty Face franchisees should conduct thorough research and seek professional advice to assess the suitability of any proposed site. This may include consulting with real estate experts, market analysts, and other professionals to make an informed decision. By taking ownership of the site selection process, franchisees can increase their chances of success and minimize the risk of choosing a location that does not meet their business needs.