What specific provisions of the ADA must the Gold Star FRANCHISEE comply with regarding the construction, design and operation of the Store?
Gold_Star Franchise · 2025 FDDAnswer from 2025 FDD Document
- 4.7 Pre-Construction Requirements. Prior to commencing any construction on the Store, the FRANCHISEE will comply with all of the following requirements:
- 4.7.1 the FRANCHISEE will 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 Store.
- 4.7.2 the FRANCHISEE will be responsible for obtaining all zoning classifications and clearances that may be required by state or local laws, ordinances, regulations that may be necessary or advisable owing to any restrictive covenants at the Retail Location. After having obtained such approvals and clearances, the FRANCHISEE will submit to the COMPANY, for the COMPANY's approval, final plans for construction based on the preliminary plans and specifications. The COMPANY's review and approval of plans will be limited to review of such plans to assess compliance with the COMPANY's design standards for a typical Gold Star Chili restaurant, including such items as trade dress and presentation of the Marks. The COMPANY's review is not designed to assess compliance with federal, state or local laws and regulations, including the ADA, as compliance with such laws are the sole responsibility of the FRANCHISEE. Once approved by the COMPANY, the final plans may not then be changed or modified without the prior written permission of the COMPANY.
- 4.7.3 the FRANCHISEE will obtain all permits and certifications required for the lawful construction of the Store and operation of the Business and will
- certify in writing to the COMPANY that all such permits and certifications have been obtained.
Source: Item 23 — Receipts (FDD pages 53–163)
What This Means (2025 FDD)
According to Gold Star's 2025 Franchise Disclosure Document, franchisees must comply with all applicable provisions of the Americans with Disabilities Act (ADA) regarding the construction, design, and operation of their store. This means that before starting any construction, the franchisee is responsible for ensuring the store adheres to all federal, state, and local laws, codes, and regulations, including those related to the ADA.
Gold Star does not review the franchisee's plans to assess compliance with the ADA or other laws and regulations. The responsibility for meeting these legal requirements rests solely with the franchisee. Franchisees must obtain all necessary zoning classifications, clearances, permits, and certifications required for the lawful construction and operation of the store. They must also provide written certification to Gold Star that all such permits and certifications have been secured.
In practice, this means a prospective Gold Star franchisee needs to engage qualified professionals (architects, contractors, and legal counsel) who are knowledgeable about ADA requirements to ensure the store is designed and built in compliance. Failing to comply with ADA regulations can result in costly remediation, fines, and legal issues, so it is crucial for franchisees to prioritize ADA compliance from the outset.