For a Dq Treat franchise, what is the potential impact of developer's design criteria on construction bids?
Dq_Treat Franchise · 2025 FDDAnswer from 2025 FDD Document
2. CODE COMPLIANCE
- A. All Plans provided by ADQ are subject to final review and approval by the developer and/or landlord as well as the local building officials for Licensee's restaurant/store location.
- B. The Plans provided by ADQ are per Minnesota code and may not comply with specific state and local requirements throughout the country. IT IS THE LICENSEE'S RESPONSIBILITY TO VERIFY THE COMPLIANCE OF THESE PLANS WITH LOCAL, STATE AND FEDERAL LAWS AND BUILDING CODE REQUIREMENTS AND TO REVISE THE PLANS ACCORDINGLY. THE COST TO REVISE SUCH PLANS IS TO BE BORNE BY THE LICENSEE.
- C. Under the Americans with Disabilities Act ("Act"), certain handicap accessibility requirements are placed on any "person" who owns, leases, leases to, or operates a place of public accommodation. As an owner, lessor, or operator of a restaurant, ADQ Licensees are liable for failures to accommodate disabled people as provided for in the Act. While ADQ employs its best efforts to see that all plans prepared by it comply with the ADA Accessibility Guidelines, it is not an insurer of and does not guarantee compliance, and cannot be responsible for failures by Licensees, their architects, or their contractors to construct buildings that comply with the Act. Consequently, you are advised to seek your own legal counsel in regard to ADA Accessibility Compliance and to ensure that the contractors with whom you work are aware, knowledgeable about, and committed to producing buildings in compliance with the Act.
-
- The purpose of the Plans is to establish the design and construction standards for the prototype building. These Plans identify the brand image, design components and DQ® standards required and include:
- A. Site design/Photometrics
- B. Equipment layout and specifications
- C. Exterior and interior building finishes
- D. Exterior and interior details
- E. Exterior Signage
- F. Structural drawings to be utilized for establishing structural component sizes and spans.
- G. Mechanical design
- H. Electrical design
- I. Plumbing design
Source: Item 17 — The following paragraph is added to the end of Item 17 of the Disclosure Document: (FDD pages 70–378)
What This Means (2025 FDD)
According to the 2025 Dq Treat FDD, the design and construction standards established by the franchisor can significantly impact construction bids. Dq Treat provides plans that establish the design and construction standards for the prototype building, which include site design, equipment layout, building finishes, and structural, mechanical, electrical, and plumbing designs. These plans are intended to ensure brand image and adherence to Dq Treat standards. However, these plans are initially based on Minnesota code and may not comply with local, state, and federal laws and building codes in the franchisee's specific location.
The franchisee is responsible for verifying the compliance of these plans with all applicable laws and codes and for revising the plans accordingly. The cost to revise the plans to meet local requirements is borne by the franchisee. This means that the initial construction bids may need to be adjusted to account for these necessary revisions, potentially increasing the overall construction costs. Therefore, it is crucial for prospective Dq Treat franchisees to factor in the potential expenses associated with adapting the franchisor's standard plans to local regulations when evaluating the financial feasibility of opening a franchise.
Furthermore, Dq Treat emphasizes that while they strive to ensure their plans comply with the Americans with Disabilities Act (ADA) Accessibility Guidelines, they do not guarantee compliance. The franchisee is advised to seek their own legal counsel regarding ADA compliance and ensure that their contractors are knowledgeable about and committed to constructing buildings that comply with the Act. This adds another layer of potential cost adjustments to the construction bids, as ensuring ADA compliance may require specific modifications and expertise. The interplay between the franchisor's design criteria, local code compliance, and ADA requirements can create variability in construction bids, making it essential for franchisees to conduct thorough due diligence and obtain accurate cost estimates.