Is the Ella Cafe franchisee responsible for complying with the Americans with Disabilities Act?
Ella_Cafe Franchise · 2024 FDDAnswer from 2024 FDD Document
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 complying with the Americans with Disabilities Act (ADA). The franchisee must furnish evidence satisfactory to Ella Cafe that the coffee house is designed, constructed, and altered in compliance with the ADA of 1990, its regulations, and all applicable state or local laws concerning public accommodations for disabled persons. This compliance must be maintained at all times.
This means that a prospective Ella Cafe franchisee needs to ensure that their chosen location meets all ADA requirements during the initial design and construction phases, as well as any subsequent alterations. This could involve expenses related to accessible entrances, restrooms, seating arrangements, and other accommodations. The franchisee bears the sole expense of ensuring ADA compliance.
Furthermore, the Ella Cafe franchisee is obligated to indemnify, defend, and hold harmless the franchisor from any claims, judgments, damages, penalties, fines, costs, liabilities, and losses arising from the franchisee's failure to comply with ADA regulations. This places a significant legal and financial burden on the franchisee to proactively manage and maintain ADA compliance to avoid potential lawsuits or penalties that could arise from non-compliance.