Who must approve the detailed construction plans and specifications and space plans for a Hyper Kidz Business?
Hyper_Kidz Franchise · 2024 FDDAnswer from 2024 FDD Document
As soon as practicable after you obtain possession of the Site by signing a lease, sublease or purchase agreement, you agree, at your expense, to do or cause to be done the following: (a) prepare and submit to us for approval detailed construction plans and specifications and space plans for the Hyper Kidz Business that comply with the Design Specifications and all applicable ordinances, building codes, permit requirements, and lease requirements and restrictions; (b) obtain all required zoning changes, planning consents, building, utility, sign, health, sanitation and business permits, licenses and approvals and any other consents, permits and licenses necessary to lawfully open and operate the Hyper Kidz Business; (c) construct all required improvements in compliance with construction plans and specifications approved by us; (d) decorate the Hyper Kidz Business in compliance with Design Specifications and plans and specifications approved by us; (e) purchase and install all required equipment, including furniture, fixtures and signs; and (f) obtain all customary contractors' sworn statements and partial and final waivers of lien for construction, remodeling, decorating and installation services.
Source: Item 22 — CONTRACTS (FDD page 52)
What This Means (2024 FDD)
According to Hyper Kidz's 2024 Franchise Disclosure Document, franchisees must submit detailed construction plans and specifications, as well as space plans, to Hyper Kidz for approval. These plans must comply with the brand's Design Specifications, all applicable ordinances, building codes, permit requirements, and lease requirements and restrictions. Franchisees cannot begin development until Hyper Kidz approves these plans.
This approval process ensures that each Hyper Kidz location adheres to the brand's standards and legal requirements. However, Hyper Kidz's review is specifically to verify compliance with their Design Specifications and does not ensure compliance with laws, ordinances, or building codes. The franchisee remains solely responsible for ensuring that all construction plans and specifications meet all applicable legal and regulatory requirements, including the Americans with Disabilities Act.
This requirement is typical in franchising, as franchisors need to maintain brand consistency and ensure locations meet operational and safety standards. Prospective Hyper Kidz franchisees should factor in the time and potential costs associated with preparing and revising these plans to meet Hyper Kidz's approval, as well as ensuring full legal compliance. They should also communicate closely with Hyper Kidz during the planning phase to avoid delays and ensure a smooth development process.