Is a Fat Shack franchisee required to ensure their Restaurant Location complies with the Americans with Disabilities Act?
Fat_Shack Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee agrees to obtain all permits and licenses required for the lawful construction and operation of its FAT SHACK Restaurant together with all certifications from government authorities having jurisdiction over the site that all requirements for construction and operation have been met, including without limitation, zoning, access, sign, health, liquor (if applicable), fire and safety requirements, building and other required construction permits, licenses to do business and fictitious name registrations, sales tax permits, health and sanitation permits and ratings and fire clearances. Franchisee agrees to obtain all customary contractors' sworn statements and partial and final lien waivers for construction, remodeling, decorating and installation of equipment at the Restaurant Location. Franchisee shall assure the Restaurant Location complies with the Americans with Disabilities Act and all other applicable laws, rules, codes, regulations or ordinances of any kind. Franchisee shall keep copies of all health department, fire department, building department and other similar reports of inspections on file and available for inspection by FSI. Franchisee shall immediately forward to FSI any such reports or inspections in which Franchisee has been found not in compliance with the underlying regulation.
Source: Item 23 — Receipts (FDD pages 53–223)
What This Means (2025 FDD)
According to Fat Shack's 2025 Franchise Disclosure Document, franchisees must ensure their restaurant location complies with the Americans with Disabilities Act (ADA). This requirement is part of the broader obligation to adhere to all applicable laws, rules, codes, regulations, and ordinances.
This means a prospective Fat Shack franchisee needs to consider ADA compliance during site selection and build-out. The franchisee is responsible for ensuring the restaurant is accessible to individuals with disabilities, which may involve specific architectural designs, accessible restrooms, and other accommodations. Failing to comply with the ADA can result in legal issues and potential fines.
Furthermore, Fat Shack franchisees must obtain all necessary permits and licenses for lawful construction and operation, including certifications from government authorities. They must also maintain copies of inspection reports from health, fire, and building departments, and immediately forward any non-compliance reports to Fat Shack. This underscores the importance of due diligence and adherence to regulatory requirements in operating a Fat Shack franchise.