What is the Dq Treat franchisee's obligation regarding building plans and compliance with the Americans With Disabilities Act?
Dq_Treat Franchise · 2025 FDDAnswer from 2025 FDD Document
While you are not required to purchase or lease real estate from ADQ or its affiliates, you must obtain ADQ's consent to the location of your store, and ADQ has the right but not the obligation to approve the lease for the store premises prior to execution. You must construct and equip your store according to the then-current design, specifications and standards and must ensure that your building plans comply with the Americans With Disabilities Act and all other federal, state and local laws.
You must modernize your building, premises, equipment, signage and grounds to conform to ADQ's then-current standards for similarly situated new DQ® restaurants when you renew your franchise, on transfer of the franchise under certain circumstances, and every 10 years or any shorter period required by any applicable lease or sublease for the premises.
Source: Item 8 — UItem 8U***:** U**Restrictions on Sources of Products and Services (FDD pages 29–35)
What This Means (2025 FDD)
According to Dq Treat's 2025 Franchise Disclosure Document, franchisees are responsible for ensuring their building plans comply with the Americans With Disabilities Act (ADA) and all other applicable federal, state, and local laws. While franchisees are not required to purchase or lease real estate from Dq Treat or its affiliates, they must obtain Dq Treat's consent for the store's location. Dq Treat retains the right, but not the obligation, to approve the lease for the store premises before it is executed.
In practical terms, this means a prospective Dq Treat franchisee needs to factor in the costs of ensuring ADA compliance during the construction and build-out phase. This may involve expenses related to architectural design, permits, and construction modifications to meet accessibility standards. Failing to comply with ADA regulations can lead to legal issues and fines, making it a critical aspect of the initial investment and ongoing operation.
Furthermore, franchisees must construct and equip their stores according to Dq Treat's current design, specifications, and standards. Franchisees are also obligated to modernize their building, premises, equipment, signage, and grounds to conform to Dq Treat's then-current standards for similarly situated new DQ restaurants when they renew their franchise, upon transfer of the franchise under certain circumstances, and every 10 years or any shorter period required by any applicable lease or sublease for the premises. This ensures that all Dq Treat locations maintain a consistent brand image and meet current accessibility standards, which may evolve over time.