Can Ella Cafe make on-site inspections of the Coffee House during construction?
Ella_Cafe Franchise · 2024 FDDAnswer from 2024 FDD Document
Franchisee must construct and build out the Coffee House according to Franchisor's Standards and specifications for design, decor, and layout and must equip the Coffee House according to Franchisor's requirements for fixtures, furnishings, equipment, interior and exterior signage, decor, trade dress, and awnings, which Franchisor will provide to Franchisee. Franchisor will provide such advice regarding construction and build-out as it deems appropriate, but Franchisee is solely responsible for sourcing, hiring, and paying for the professional services needed to complete Franchisee's Coffee House design and build-out obligations. Franchisee is solely responsible for obtaining all government approvals, zoning classifications, permits, licenses, and clearances relating to the Coffee House and for complying with applicable requirements of the Americans with Disabilities Act.
- (ii) During construction, Franchisee must maintain general liability and property damage insurance of the type and with the limits Franchisor requires, protecting Franchisee and Franchisor and its Affiliates and their respective partners, shareholders, directors, agents, and employees.
Such policy or policies must be written by a responsible insurer or insurers acceptable to Franchisor and must contain a waiver of subrogation in favor of Franchisor and its Affiliates, and their respective partners, shareholders, directors, agents, and employees.
Franchisee must notify Franchisor in writing when construction begins and thereafter must provide progress reports when, and in the form, required by Franchisor.
- (iii) During construction, Franchisee must provide Franchisor with such periodic progress reports as Franchisor may reasonably request, including, but not limited to, digital photographs and/or video of the Coffee House premises and the surrounding area.
In addition, Franchisor may make such on-site inspections as it may deem reasonably necessary to evaluate such progress, which visits may be through remote/virtual means.
Franchisee will notify Franchisor of the scheduled date for completion of construction no later than 21 days prior to such date.
- **6.5.
Relocation**.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2024 FDD)
According to Ella Cafe's 2024 Franchise Disclosure Document, Ella Cafe may conduct on-site inspections of the Coffee House during construction. Ella Cafe may deem these inspections reasonably necessary to evaluate progress, and these visits may occur through remote or virtual means.
As part of the construction process, the franchisee is required to maintain general liability and property damage insurance, protecting both the franchisee and Ella Cafe. The franchisee must also notify Ella Cafe in writing when construction begins and provide progress reports as required by Ella Cafe. These reports may include digital photographs and/or video of the Coffee House premises and the surrounding area.
Furthermore, the franchisee must notify Ella Cafe of the scheduled date for completion of construction no later than 21 days prior to that date. Before opening the Coffee House to the public, Ella Cafe must inspect and approve the business to ensure it conforms to all applicable System Standards. This inspection right during construction and before opening allows Ella Cafe to maintain quality control and ensure brand consistency across all franchise locations.