What are the specific obligations of a Dq Treat franchisee regarding accessibility for people with disabilities (Item 9)?
Dq_Treat Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
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.
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.
What This Means (2025 FDD)
According to the 2025 Dq Treat Franchise Disclosure Document, franchisees must ensure their building plans comply with the Americans with Disabilities Act (ADA) and all other federal, state, and local laws. Dq Treat requires franchisees to construct and equip their stores according to the then-current design, specifications, and standards. While Dq Treat employs its best efforts to ensure that all plans prepared by them comply with the ADA Accessibility Guidelines, they do not guarantee compliance.
The FDD states that Dq Treat licensees are liable for failures to accommodate disabled people as provided for in the Act, as an owner, lessor, or operator of a restaurant. Dq Treat advises franchisees to seek their own legal counsel regarding ADA Accessibility Compliance and to ensure that their contractors are aware, knowledgeable, and committed to producing buildings in compliance with the Act.
Ultimately, it is the franchisee's responsibility to verify the compliance of the 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. This includes ensuring that the store design and construction adhere to all accessibility requirements mandated by law.