Is a Face Foundrie franchisee required to comply with disability access laws?
Face_Foundrie Franchise · 2025 FDDAnswer from 2025 FDD Document
e services. Franchisee shall be solely responsible for payments for all design and architecture services. Franchisee expressly acknowledges and agrees that Franchisor shall not be liable for the unsatisfactory performance of any contractor, firm, supplier, professional or consultant retained by Franchisee, whether or not designated by Franchisor.
- (c) Franchisee shall comply with all federal, state and local laws, codes and regulations, including the applicable provisions of the ADA, regarding the construction, design and operation of the Facial Bar. In the event Franchisee receives any complaint, claim, other notice alleging a failure to comply with the ADA, Franchisee shall provide Franchisor with a copy of such notice within five (5) days after receipt thereof.
- (d) Franchisee shall submit to Franchisor, for Franchisor's approval, final plans for construction based upon the preliminary plans and specifications. Franchisor's review and approval of plans shall be limited to review of such plans to assess compliance with Franchisor's design standards for the System, including such items as trade dress, presentation of the Marks, and the providing to the potential customer of certain products and services that are central to a functioning Facial Bar. Such review is not designed to assess compliance with federal, state or local laws and regulations, including the ADA, as compliance with such laws is the sole responsibility of Franchisee. Once approved by Franchisor, such final plans shall not thereafter be changed or modified without the prior written permission of Franchisor. Any such change made without Franchisor's prior written permission shall constitute a default and Franchisor may withhold its authorization to open the Facial Bar until the unauthorized change is rectified (or reversed) to Franchisor's reasonable satisfaction.
- (e) Franchisee shall obtain all permits and certifications required for the lawful construction and operation of the Facial Bar and shall certify in writing to Franchisor that all such permits and certifications have been obtained.
- (f) Franchisee shall employ a qualified licensed general contractor who has been approved or designated by Franchisor to construct the Facial Bar and to complete all improvements, which general contractor may be Franchisor or an affiliate of Franchisor.
Source: Item 22 — CONTRACTS (FDD pages 73–74)
What This Means (2025 FDD)
According to Face Foundrie's 2025 Franchise Disclosure Document, franchisees must comply with all applicable laws, including disability access laws such as the ADA. This compliance extends to the construction, design, and operation of the Facial Bar. Face Foundrie's standard design plans do not include specific requirements for ADA or similar disability laws, making it the franchisee's responsibility to ensure compliance at their own expense.
Face Foundrie's review and approval of the franchisee's construction plans are limited to assessing compliance with Face Foundrie's design standards, such as trade dress and presentation of marks, and do not ensure compliance with laws like the ADA. The franchisee is solely responsible for ensuring the final plans comply with all applicable federal, state, and local laws and regulations.
Furthermore, the franchisee must provide Face Foundrie with a copy of any complaint, claim, or notice alleging a failure to comply with the ADA within five days of receipt. The franchisee is also responsible for obtaining all necessary permits and certifications for the lawful construction and operation of the Facial Bar and must certify in writing that they have obtained these. This requirement ensures that Face Foundrie is informed of any potential compliance issues and that the franchisee is taking the necessary steps to operate legally.
In addition to ADA compliance, Face Foundrie franchisees must also comply with all other applicable laws, rules, ordinances, regulations, and licensing and permitting requirements that affect the Facial Bar or the premises. These include zoning, signage, fire and safety, sales tax registration, music licensing, health and sanitation, construction, HVAC, plumbing, environmental laws, and data privacy regulations. This broad compliance requirement underscores the franchisee's responsibility to operate the Face Foundrie business in accordance with all legal standards.