What is the scope of Face Foundrie's review and approval of construction plans?
Face_Foundrie Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
Source: Item 22 — CONTRACTS (FDD pages 73–74)
What This Means (2025 FDD)
According to Face Foundrie's 2025 Franchise Disclosure Document, the review and approval of construction plans by Face Foundrie is limited to assessing compliance with their design standards. This includes elements such as trade dress, presentation of the Marks, and ensuring the Facial Bar can provide the products and services central to its operation. Face Foundrie's approval is required for the final construction plans, and these 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.
However, Face Foundrie's review does not extend to ensuring compliance with federal, state, or local laws and regulations, including the Americans with Disabilities Act (ADA). The franchisee bears the sole responsibility for complying with all such laws. Face Foundrie provides a sample layout and décor specifications, but it is the franchisee's responsibility to adapt these standard plans to the specific location, subject to Face Foundrie's approval.
Prior to construction, the franchisee must employ a qualified, licensed architect or engineer approved or designated by Face Foundrie to prepare preliminary plans and specifications based on Face Foundrie's prototype plans. Face Foundrie has the right to designate suppliers of design and architecture services, and if they do so, the franchisee must use these designated suppliers unless they obtain prior written approval to use an alternative professional. The franchisee is responsible for all payments for design and architecture services. Throughout the construction process, the franchisee must comply with Face Foundrie's requirements for periodic inspections and cooperate with Face Foundrie's representatives during these inspections. Face Foundrie may require the franchisee to reimburse them for out-of-pocket expenses incurred during these inspections.
In summary, while Face Foundrie maintains control over the aesthetic and functional design elements to ensure brand consistency, the franchisee is ultimately responsible for ensuring the Facial Bar complies with all applicable laws and regulations. This division of responsibility is typical in franchising, where the franchisor protects brand standards and the franchisee manages local compliance.