What must a Jack In The Box developer accomplish before beginning the development process for a restaurant?
Jack_In_The_Box Franchise · 2025 FDDAnswer from 2025 FDD Document
If alterations of any kind are required for any reason, Developer shall submit to Company an explanation of any such changes to Company's prototypical construction plans and specifications, and the Site Plan approved by Company.
Such changes must be approved by Company in writing in accordance with Company site plan submission, review, and approval procedures, but before any work is begun.
Any cost, including engineering and architectural fees, incurred in obtaining Company review and approvals by the appropriate governmental authorities of the Site Plan, or other plans, specifications and layouts shall be paid by the Developer.
Source: Item 23 — RECEIPT (FDD pages 94–634)
What This Means (2025 FDD)
According to the 2025 Jack In The Box FDD, before starting development on a restaurant, a developer must obtain written approval from Jack In The Box for any changes to the company's prototypical construction plans and specifications, as well as the site plan. The developer is responsible for preparing all required construction plans and specifications that comply with applicable ordinances, building codes, federal laws, permit requirements, and lease requirements and restrictions. The developer also bears the costs of obtaining Jack In The Box's review and approvals from governmental authorities for the site plan and other related plans.
Specifically, the FDD outlines a procedure for obtaining Site Approval, requiring the developer to submit a Site Acquisition Package (SAP) for Company Site Approval. This approval is granted exclusively through the Real Estate Site Committee (RESC) Approval Form, duly signed by an authorized representative of Jack In The Box. Site Approvals remain valid until the Development Agreement expires, unless a shorter period is specified during the Site Approval process. Jack In The Box may refuse to approve a site if it believes the potential long-term sales impact on surrounding restaurants is excessive, and the developer may be required to pay for trade area surveys to provide information about potential impact.
Furthermore, if the developer leases the property from a third party, they must use Jack In The Box's standard lease addendum. All third-party leases must include specific terms, such as that the premises can only be used for a Jack In The Box restaurant, the landlord consents to the use of Jack In The Box's marks and signage, the landlord agrees to send copies of all lease-related documents to Jack In The Box, and Jack In The Box has the right to enter the premises to protect its marks or cure any default under the lease. The developer must also obtain Expansion Approval and Lease Approval, if applicable, as detailed in Section 8 of the agreement. Once these approvals and all required permits are obtained, the developer must diligently pursue construction to ensure the restaurant opens on or before the applicable Compliance Date.