What is the Face Foundrie franchisee's obligation regarding remodeling plans for the Face Foundrie premises?
Face_Foundrie Franchise · 2025 FDDAnswer from 2025 FDD Document
comply with each change within such reasonable time as Franchisor may require, or if no time is specified, within thirty (30) days after receiving notification of the change. Franchisee shall also maintain maintenance contracts and/or service contracts on all equipment and machinery designated by Franchisor and Franchisor shall have the right to designate the vendor(s) for such contracts and the requirements for the contracts.
- (c) Make no physical changes from blueprint specifications or approved remodeling plans in connection with the Premises, or the design thereof, or any of the materials used therein, or their colors, without the express written approval of Franchisor, except that Franchisee will, upon request of Franchisor, make such reasonable alterations to the Facial Bar or premises as may be necessary to conform to the then-current marketing and operating standards and specifications of the System. Franchisee will paint the Facial Bar (interior or exterior) at such intervals as Franchisor may reasonably determine to be advisable, which determination shall in no event be more than once in any calendar year.
- (d) Comply with all applicable laws, rules, ordinances, regulations and licensing and permitting requirements that affect or otherwise concern the Facial Bar or the Premises, including, without limitation, zoning, disability access, signage, fire and safety, sales tax registration, music licensing, health and sanitation, construction, HVAC, plumbing, environmental laws, and other data privacy regulations, guidelines and best practices. Franchisee will be solely responsible for obtaining any and all licenses and permits required to operate the Facial Bar. Franchisee must comply with all state and local laws and regulations regarding the staffing and management of the Facial Bar, including without limitation (i) any requirements for medical personnel supervision, ownership, oversight or involvement with the Facial Bar, and (ii) any requirements for certain services to be provided by licensed and/or credentialed individuals. Without limiting the previous
sentence, Franchisee must ensure each employee or contractor has all necessary licenses, and meets all continuing education requirements, and Franchisee must maintain copies of all such licenses. Franchisee must notify Franchisor in writing within five (5) days of the commencement of any action, disciplinary investigation, suit, proceeding or investigation, or of the issuance of any order, injunction, award of decree, by any court, agency, or other governmental instrumentality that relates to Franchisee, the Facial Bar, or any of Franchisee's employees. Franchisee must keep copies of all health, fire, building occupancy and similar inspection reports on file and available for Franchisor to review. Franchisee must promptly forward to Franchisor any correspondence stating that Franchisee is not in compliance with any such laws, rules, ordinances and regulations. Franchisee must abide by: (a) the Payment Card Industry Data Security Standards ("PCIDSS") enacted by the applicable Card Associations (as they may be modified from time to time or as successor standards are adopted); (b) the Fair and Accurate Credit Transactions Act ("FACTA"); and (c) all other standards, laws, rules, regulations or any equivalent thereof applicable to electronic payments that may be published from time to time by payment card companies and applicable to electronic payments ("Electronic Payment Requirements"). If Franchisee or Franchisor are required by one of the credit card companies or another third party (including any governmental body) to provide evidence of compliance with PCIDSS, FACTA or applicable Electronic Payment Requirements, Franchisor may require Franchisee to provide, or make available, to Franchisor copies of an audit, scanning results, or related documentation relating to such compliance. If Franchisee suspects or knows of a security breach, Franchisee must immediately give Franchisor notice of such security breach and promptly identify and remediate the source of any compromise or security breach. Franchisee assumes all responsibility for providing all notices of breach or compromise and all duties to monitor credit histories and transaction concerning customers of the Facial Bar.
- (e) Maintain sufficient inventories and employ sufficient employees to operate the Facial Bar at its maximum capacity and efficiency at such hours and days as Franchisor shall designate or approve in the Operations Manual or otherwise, and operate the Facial Bar for such hours or days so designated or approved by Franchisor.
- (f) Require all employees of the Facial Bar to wear uniforms and abide by the System dress code and to conduct themselves at all times in a competent and courteous manner and use best efforts to ensure that its employees maintain a neat and clean appearance and render competent, sober and courteous service to customers of the Facial Bar and at events which the Facial Bar is servicing. Notwithstanding anything contained herein to the contrary, Franchisor shall have no control over Franchisee's employees, including, without limitation, work hours, scheduling, recordkeeping, wages, supervision, discipline, hiring or firing.
- (g) To pay when due all amounts which it owes to anyone for supplies, equipment and other items used in connection with the Facial Bar and all payments owed hereunder or under any other agreement entered into in connection with the operation of the Facial Bar. Franchisee must notify Franchisor immediately when and if Franchisee becomes more than thirty (30) days delinquent in the payment of any of the obligations mentioned above.
- (h) Use only those products, supplies, furnishings, services, and equipment that (i) conform to the standards and specifications designated by Franchisor in the Operations Manual or otherwise, and (ii) are purchased from suppliers designated or approved in writing by Franchisor.
- (i) Prominently display at the Facial Bar and at all events serviced by the Facial Bar, signs using the name "FACE FOUNDRIÉ," and/or other signs, of such nature, form, color, number, location and size, and containing such material as Franchisor may from time to time reasonably direct or approve in writing; and not display in the Facial Bar or at the Premises or elsewhere any sign or advertising media of any kind to which Franchisor reasonably objects.
Source: Item 22 — CONTRACTS (FDD pages 73–74)
What This Means (2025 FDD)
According to Face Foundrie's 2025 Franchise Disclosure Document, a franchisee must adhere to specific guidelines and obtain approval from Face Foundrie for any remodeling or construction plans. Face Foundrie will provide a sample layout and décor specifications. The franchisee is then responsible for employing a qualified, licensed architect or engineer, approved by Face Foundrie, to prepare preliminary plans based on Face Foundrie's prototype. The franchisee bears the costs for these design and architecture services. Face Foundrie has the right to designate suppliers of design and architecture services, and if they do so before the franchisee starts developing the Facial Bar, the franchisee must use these designated suppliers unless they obtain written approval to use an alternative professional.
Before starting construction, the franchisee must ensure that all requirements are met to Face Foundrie's satisfaction. The franchisee must submit final construction plans to Face Foundrie for approval, which will be assessed for compliance with Face Foundrie's design standards, trade dress, and presentation of marks. This review does not cover compliance with federal, state, or local laws, including the ADA, which remains the franchisee's sole responsibility. Once approved, these final plans cannot be altered without prior written permission from Face Foundrie. Any unauthorized changes can result in Face Foundrie withholding authorization to open the Facial Bar until the changes are rectified.
The franchisee is also obligated to obtain all necessary permits and certifications for lawful construction and operation and must certify in writing to Face Foundrie that these have been secured. A qualified licensed general contractor, approved or designated by Face Foundrie, must be employed for all construction and improvements, and this contractor may be Face Foundrie or an affiliate. The franchisee must maintain the required insurance during the entire construction period. Furthermore, the franchisee must make reasonable alterations to the Facial Bar or premises as necessary to conform to Face Foundrie's current marketing and operating standards. The franchisee cannot make physical changes from blueprint specifications or approved remodeling plans without Face Foundrie's express written approval.