If Face Foundrie designates a design firm, is the franchisee required to use them?
Face_Foundrie Franchise · 2025 FDDAnswer from 2025 FDD Document
If Franchisor designates a design firm and/or architecture firm prior to the time Franchisee commences to develop the Facial Bar, Franchisee shall employ such designated supplier(s) to prepare all designs and plans for the Facial Bar, unless Franchisee obtains Franchisor's prior written approval to use an alternative professional.
If Franchisor has not designated a design firm or architecture firm, Franchisee shall be responsible for locating and employing a qualified design consultant and architect who is/are licensed in the jurisdiction in which the Facial Bar will be located, and who is reputable and experienced in providing design and architecture 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.
Source: Item 22 — CONTRACTS (FDD pages 73–74)
What This Means (2025 FDD)
According to Face Foundrie's 2025 Franchise Disclosure Document, if Face Foundrie designates a design firm or architecture firm before a franchisee begins developing their Facial Bar, the franchisee is required to employ that designated firm to prepare all designs and plans. However, the franchisee can seek Face Foundrie's prior written approval to use an alternative professional. The franchisee is responsible for all payments for design and architecture services, regardless of who is chosen.
This requirement ensures that all Face Foundrie locations maintain a consistent brand image and meet the franchisor's standards for design and functionality. By mandating the use of a designated firm, Face Foundrie aims to control the aesthetic and operational aspects of each Facial Bar, which can impact customer experience and brand recognition.
However, Face Foundrie acknowledges that franchisees may have reasons to prefer a different design professional. Therefore, the clause allowing for written approval to use an alternative professional provides some flexibility. This process likely involves demonstrating that the alternative professional meets Face Foundrie's standards and can deliver designs that align with the brand's requirements.
It is important to note that Face Foundrie explicitly states it will not be liable for the unsatisfactory performance of any contractor, firm, supplier, professional, or consultant retained by the franchisee, whether or not designated by Face Foundrie. This means the franchisee bears the risk of poor performance, even if they use a designated firm. Therefore, franchisees should carefully vet any design firm, even those recommended or required by Face Foundrie, and ensure they have a clear understanding of the firm's capabilities and track record.