Is Endless Summer Sweets required to inspect a franchisee's construction or remodeling progress?
Endless_Summer_Sweets Franchise · 2024 FDDAnswer from 2024 FDD Document
newal terms) provide for a period of not less than the term of this Agreement, and,
- (iii) use commercially reasonable efforts to obtain the landlord's signature to a rider to the lease substantially in the form required by Franchisor as shown on Exhibit 5 to this Agreement.
- 6.3 Development. Franchisee shall construct (or remodel) and finish the Location in conformity with Franchisor's System Standards. If required by Franchisor, Franchisee shall engage the services of an architect licensed in the jurisdiction of the Location. Franchisee shall not begin any construction or remodeling work without first obtaining Franchisor's approval of Franchisee's plans. Franchisor may, but is not required to, inspect Franchisee's construction or remodeling progress at any reasonable time. Franchisee shall not rely upon any information provided or opinions expressed by Franchisor or its representatives regarding any architectural, engineering, or legal matters (including without limitation the Americans With Disabilities Act) in the development and construction of the Business and Franchisor shall not have any liability with respect thereto. Franchisor's inspection and/or approval to open the Business is not a representation or a warranty that the Business has been constructed in accordance with any architectural, engineering, or legal standards.
Source: Item 23 — RECEIPTS (FDD pages 39–125)
What This Means (2024 FDD)
According to the 2024 Endless Summer Sweets Franchise Disclosure Document, Endless Summer Sweets may, but is not required to, inspect a franchisee's construction or remodeling progress at any reasonable time. However, the franchisee must construct (or remodel) and finish the location in conformity with Endless Summer Sweets' System Standards. Franchisees must also obtain Endless Summer Sweets' approval of their plans before beginning any construction or remodeling work.
Endless Summer Sweets states that franchisees should not rely upon any information provided or opinions expressed by Endless Summer Sweets or its representatives regarding any architectural, engineering, or legal matters, including compliance with the Americans With Disabilities Act. Endless Summer Sweets also states they will not have any liability with respect to those matters.
Endless Summer Sweets' inspection and/or approval to open the business does not represent or warrant that the business has been constructed according to any architectural, engineering, or legal standards. Before opening, the franchisee must ensure the business conforms to all applicable System Standards, and Endless Summer Sweets must inspect and approve the business.