Is Engineering For Kids' recommendation of a site a warranty of its 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, any recommendation, approval, or information provided by them regarding a site for the Authorized Center Location does not constitute a representation or warranty of any kind, either express or implied, concerning the site's suitability for an Engineering For Kids Business or any other purpose.
Engineering For Kids' recommendation only indicates that they believe the site meets their acceptable criteria at that time. The document clarifies that the criteria used to evaluate sites, which may have been effective for other locations, might not accurately reflect the potential of all sites. Demographic and other factors can change, which could alter a site's potential.
The FDD emphasizes that the uncertainty and changeable nature of these criteria and factors are beyond Engineering For Kids' control. Therefore, Engineering For Kids is not responsible if a recommended site fails to meet the franchisee's expectations. The franchisee is responsible for independently investigating the suitability of the site for the business and bears all costs associated with due diligence, including issues that may arise after construction begins.
In practical terms, this means that while Engineering For Kids may offer guidance and assistance in site selection, the ultimate responsibility for ensuring the site is appropriate for the business rests solely with the franchisee. Prospective franchisees should conduct thorough research and not rely solely on the franchisor's recommendations.