What is the Face Foundrie franchisee's obligation regarding compliance with applicable 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. Franchisee shall obtain and maintain in force during the entire period of construction the insurance required under this Agreement. Franchisee expressly acknowledges and agrees that Franchisor shall not be liable for the unsatisfactory performance of any contractor retained by Franchisee.
(g) Throughout the construction process, Franchisee shall comply with Franchisor's requirements and procedures for periodic inspections of the Premises, and shall fully cooperate with Franchisor's representatives in such inspections by rendering such assistance as they may reasonably request. Franchisor reserves the right to require Franchisee to pay or reimburse Franchisor its out-of-pocket expenses that it incurs in conducting such inspections of the Premises, including costs of transportation, lodging, and meals.
(h) Franchisee agrees to use in the construction and operation of the Facial Bar only those brands, types or models of construction and decorating materials, fixtures, equipment, furniture and signs that Franchisor has approved for the Facial Bar as meeting its specifications and standards for quality, design, appearance, function and performance. Franchisee further agrees to place or display at the Premises of the Facial Bar only such signs, emblems, lettering, logos and display materials that are from time to time approved in writing by Franchisor. Franchisee may purchase approved types or models of construction and decorating materials, fixtures, equipment, furniture and signs from any supplier approved or designated by Franchisor (which may include Franchisor and/or its affiliates), which approval may not be unreasonably withheld. If Franchisee proposes to purchase any type or model of construction or decorating material, fixture, equipment, furniture or sign not then approved by Franchisor, and/or any such item from any supplier which is not then approved by Franchisor, Franchisee shall first notify Franchisor in writing and shall submit to Franchisor sufficient specifications, photographs, drawings and/or other information or samples for a determination by Franchisor of whether such brand or type of construction or decorating material, fixture, equipment, furniture or sign complies with its specifications and standards. Franchisor may, in its sole discretion, refuse to approve any such item(s) and/or supplier(s) that does not meet Franchisor's standards or specifications.
3.05 Off-Premises Services. Franchisee may conduct any Facial Bar activities outside of the Premises only with the consent and as agreed to by Franchisor.
3.06 Franchisor's Plans.
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 federal, state, and local laws, codes, and regulations concerning the construction, design, and operation of their Facial Bar. This includes adherence to the Americans with Disabilities Act (ADA). If a franchisee receives any complaint or notice alleging non-compliance with the ADA, they must provide Face Foundrie with a copy within five days.
Face Foundrie's review and approval of the franchisee's construction plans are limited to ensuring compliance with the brand's design standards, trade dress, and presentation of marks. The franchisor's review does not assess compliance with federal, state, or local laws, including the ADA, as this responsibility rests solely with the franchisee. Franchisees must also obtain all necessary permits and certifications required for the lawful construction and operation of the Facial Bar and provide written certification to Face Foundrie that they have done so.
Furthermore, Face Foundrie franchisees must comply with all state and local laws and regulations regarding the staffing and management of the Facial Bar, including any requirements for medical aesthetician licenses or esthetician licenses. Franchisees are also responsible for ensuring that each employee or contractor has all necessary licenses and meets all continuing education requirements, maintaining copies of these licenses. They must notify Face Foundrie in writing within five days of any legal or disciplinary actions involving the franchisee, the Facial Bar, or any employees. Franchisees must also keep copies of all health, fire, building occupancy, and similar inspection reports on file for Face Foundrie to review and promptly forward any correspondence indicating non-compliance with laws or regulations.
In addition, Face Foundrie franchisees must abide by the Payment Card Industry Data Security Standards (PCIDSS), the Fair and Accurate Credit Transactions Act (FACTA), and all other standards, laws, rules, and regulations applicable to electronic payments. Franchisees are responsible for providing notices of any security breach or compromise and monitoring credit histories and transactions concerning customers of the Facial Bar. These comprehensive requirements highlight the franchisee's significant responsibility in ensuring legal and regulatory compliance in all aspects of the business.