What elements are included in the Design Specifications that Hyper Kidz furnishes to franchisees?
Hyper_Kidz Franchise · 2024 FDDAnswer from 2024 FDD Document
We will furnish to you "Design Specifications" which contain our requirements for design, decoration, layout, equipment, furniture, fixtures, color scheme, and signs for Hyper Kidz Businesses. You acknowledge and agree that the Design Specifications are an integral part of the System and form a part of the Trade Dress and that, therefore, the Hyper Kidz Business will be developed, constructed and designed in accordance with the Design Specifications.
You shall arrange for construction plans and specifications to be prepared using our Design Specifications modified to fit the size and shape of the Site. We reserve the right to designate the architect or design firm that you must use. You shall submit all plans and specifications to us for our approval, which will not be unreasonably withheld. You shall not begin development of the Hyper Kidz Business until we approve your plans and specifications. Our review of your plans and specifications is only to verify that they meet our Design Specifications, and are not meant to verify any compliance with any applicable law, ordinance or building code. You are solely responsible for ensuring that your construction plans and specifications comply with all applicable laws, ordinances and building codes, including the Americans with Disabilities Act.
Source: Item 22 — CONTRACTS (FDD page 52)
What This Means (2024 FDD)
According to Hyper Kidz's 2024 Franchise Disclosure Document, the Design Specifications provided to franchisees contain the requirements for several elements of the business. These include design, decoration, layout, equipment, furniture, fixtures, color scheme, and signs for Hyper Kidz Businesses. The document emphasizes that these Design Specifications are an integral part of the Hyper Kidz system and contribute to the overall trade dress of the business. Therefore, franchisees must develop, construct, and design their Hyper Kidz Business in accordance with these specifications.
Prospective franchisees should note that while Hyper Kidz provides the Design Specifications, franchisees are responsible for arranging the construction plans and specifications to fit the specific site. Hyper Kidz retains the right to designate the architect or design firm that the franchisee must use. All plans and specifications must be submitted to Hyper Kidz for approval, which, according to the FDD, will not be unreasonably withheld. Franchisees cannot begin development until their plans are approved.
It is crucial for franchisees to understand that Hyper Kidz's review of the plans is solely to verify compliance with their Design Specifications and does not ensure compliance with local laws, ordinances, or building codes. The franchisee is solely responsible for ensuring that their construction plans meet all applicable legal requirements, including the Americans with Disabilities Act. This places a significant responsibility on the franchisee to work with qualified professionals who can navigate local regulations and ensure compliance.