After obtaining possession of the site for a Hyper Kidz Business, what must a franchisee do regarding construction plans and specifications?
Hyper_Kidz Franchise · 2024 FDDAnswer from 2024 FDD Document
y 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.
4.4 Development of the Hyper Kidz Business
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.
4.5 Equipment, Fixtures and Signs
You agree to use in the development and operation of the Hyper Kidz Business only those brands, types and/or models of equipment, fixtures and signs displaying the Marks which meet our specifications. You may purchase approved brands, types and/or models of equipment, fixtures and signs which meet our specifications from any supplier, unless we designate a specific approved supplier for any item. We will, from time to time, supply you with a list of suppliers who sell items which meet our specifications. All computer equipment used in the operation of the Hyper Kidz Business must be of a brand, type and/or model authorized by us.
Source: Item 22 — CONTRACTS (FDD page 52)
What This Means (2024 FDD)
According to Hyper Kidz's 2024 Franchise Disclosure Document, after securing the site for their Hyper Kidz Business, a franchisee must prepare and submit detailed construction plans and specifications to Hyper Kidz for approval. These plans must align with Hyper Kidz's Design Specifications, all relevant ordinances, building codes, permit requirements, and lease stipulations. The franchisee bears the expense of preparing and submitting these plans.
Hyper Kidz retains the right to designate the specific architect or design firm that the franchisee is required to use for these construction plans. The franchisee cannot commence the development of the Hyper Kidz Business until Hyper Kidz approves the submitted plans and specifications. However, Hyper Kidz's review is limited to verifying compliance with their Design Specifications and does not extend to ensuring adherence to applicable laws, ordinances, or building codes.
The franchisee is solely responsible for ensuring that the construction plans and specifications meet all applicable legal and regulatory requirements, including compliance with the Americans with Disabilities Act. This places the onus on the franchisee to conduct thorough due diligence and engage qualified professionals to ensure full compliance.