What is the Ella Cafe franchisee required to do regarding indemnification related to ADA compliance?
Ella_Cafe Franchise · 2024 FDDAnswer from 2024 FDD Document
- **6.9.
ADA Certification**.
At its sole expense, Franchisee shall furnish evidence satisfactory to Franchisor that the Coffee House is designed, constructed, and altered in compliance, at all times, with the requirements of the Americans With Disabilities Act of 1990, the regulations now or hereafter adopted pursuant thereto, and any and all applicable state or local laws, statutes, ordinances, rules and regulations concerning public accommodations for disabled persons now or hereafter in effect.
Franchisee shall indemnify, defend, and hold harmless the Franchisor from and against any and all claims, judgments, damages, penalties, fines, costs, liabilities and losses (including, without limitation, reasonable attorney's fees and disbursements) arising from Franchisee's failure to comply with this obligation.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2024 FDD)
According to Ella Cafe's 2024 Franchise Disclosure Document, the franchisee is responsible for ensuring their coffee house complies with the Americans With Disabilities Act (ADA) of 1990, including all related regulations and applicable state/local laws. This obligation extends to the design, construction, and any alterations made to the premises. The franchisee must provide evidence satisfactory to Ella Cafe that the location meets these requirements, and all expenses related to ADA compliance are the franchisee's sole responsibility.
Furthermore, the franchisee is obligated to indemnify, defend, and hold Ella Cafe harmless from any claims, judgments, damages, penalties, fines, costs, liabilities, and losses, including attorney's fees, that arise from the franchisee's failure to comply with ADA regulations. This means that if the franchisee's non-compliance leads to legal action or financial repercussions for Ella Cafe, the franchisee must cover those costs.
This requirement places a significant responsibility on the Ella Cafe franchisee to ensure full compliance with ADA standards. It is crucial for prospective franchisees to thoroughly understand these obligations and to budget for potential expenses related to ADA compliance during the design, construction, and operation of their coffee house. Failing to meet these requirements can result in substantial financial liabilities and legal issues.