What is the Engineering For Kids franchisee's responsibility regarding the suitability of the site?
Engineering_For_Kids Franchise · 2025 FDDAnswer from 2025 FDD Document
You acknowledge and agree that, if we have recommended, approved or given you information regarding a site for the Authorized Center Location, that is not a representation or warranty of any kind, express or implied, of the suitability of the site for an Engineering For Kids Business or any other purpose.
Our recommendation indicates only that we believe that the site meets our then acceptable criteria.
Applying criteria that have appeared effective with other sites and premises might not accurately reflect the potential for all sites and premises, and demographic and/or other factors included in or excluded from our criteria could change, altering the potential of a site and premises.
The uncertainty and changeable nature of these criteria and factors are beyond our control, and we are not responsible if a site and premises we recommend fail to meet your expectations.
You acknowledge and agree that your acceptance of the obligation to develop the Business is based on your own independent investigation of the suitability of the site for the Business and that you are solely responsible for all due diligence and related costs to determine the suitability of a proposed site for the Franchised Business, including the costs related to issues that arise after the commencement of construction.
Source: Item 22 — CONTRACTS (FDD page 53)
What This Means (2025 FDD)
According to Engineering For Kids' 2025 Franchise Disclosure Document, the franchisee is ultimately responsible for investigating and determining if a site is suitable for their Engineering For Kids business. Even if Engineering For Kids provides recommendations, approval, or information regarding a site, this does not constitute a warranty of its suitability. The franchisor's recommendation only indicates that the site meets their acceptable criteria at that time.
The FDD emphasizes that the criteria Engineering For Kids uses to evaluate sites may not accurately reflect the potential of all locations. Demographic and other factors can change, altering a site's potential. These factors are beyond the franchisor's control, and they are not liable if a recommended site fails to meet the franchisee's expectations.
Therefore, as an Engineering For Kids franchisee, you must conduct your own independent investigation of a site's suitability. This includes performing due diligence and covering all related costs to assess the location, even for issues that arise after construction begins. The franchisee bears the full responsibility for ensuring the chosen site is appropriate for their Engineering For Kids business.