What is the Face Foundrie franchisee's responsibility regarding ADA compliance for the Facial Bar?
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.
Source: Item 22 — CONTRACTS (FDD pages 73–74)
What This Means (2025 FDD)
According to Face Foundrie's 2025 Franchise Disclosure Document, the franchisee is solely responsible for complying with the Americans with Disabilities Act (ADA) and similar regulations. This responsibility extends to the construction, design, and operation of the Facial Bar. Face Foundrie provides standard design plans and specifications for the Facial Bar; however, these plans do not include ADA requirements or construction drawings necessary to obtain permits. It is the franchisee's duty to ensure the Facial Bar complies with all federal, state, and local laws, including those related to disability access.
Before construction, the franchisee must submit final construction plans to Face Foundrie for approval. However, Face Foundrie's review is limited to ensuring compliance with their design standards, such as trade dress and presentation of marks, and does not assess compliance with the ADA or other laws. Even though Face Foundrie approves the plans, the franchisee remains responsible for ADA compliance. The franchisee must also obtain all necessary permits and certifications for the Facial Bar's lawful construction and operation and provide written certification to Face Foundrie that these have been obtained.
If a franchisee receives any complaint or notice alleging a failure to comply with the ADA, they must provide Face Foundrie with a copy of the notice within five days. Additionally, franchisees must comply with all applicable laws, rules, and regulations that affect the Facial Bar, including disability access, zoning, signage, fire and safety, sales tax registration, music licensing, health and sanitation, construction, HVAC, plumbing, environmental laws, and other data privacy regulations. This comprehensive responsibility underscores the importance of consulting with legal and construction professionals to ensure full compliance with all applicable regulations.