What does Engineering For Kids' recommendation of a site indicate about the site's suitability?
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, a site recommendation from them does not constitute a warranty regarding the site's suitability for an Engineering For Kids business. Their recommendation only means they believe the site meets their acceptable criteria at that time. The document emphasizes that the franchisee is ultimately responsible for independently investigating and determining the suitability of the site.
Engineering For Kids states that the criteria they use to evaluate sites, which have seemed effective at other locations, might not accurately predict the potential of all sites. Demographic or other factors considered may change, which could alter a site's potential. These factors are beyond Engineering For Kids' control, and they are not liable if a recommended site does not meet the franchisee's expectations.
The FDD makes it clear that the franchisee's decision to develop the business at a specific location should be based on their own due diligence. The franchisee bears sole responsibility for all costs associated with determining the site's suitability, including any issues that arise after construction begins. This includes conducting thorough research and analysis to ensure the location aligns with the franchisee's business goals and market conditions.
In summary, while Engineering For Kids provides site selection assistance and guidelines, the final decision and responsibility for the site's success rest with the franchisee. Prospective franchisees should not rely solely on the franchisor's recommendation but should conduct their own independent investigation to ensure the site meets their specific needs and expectations.