6. CONSTRUCTION OF THE FRANCHISED BUSINESS

A. Construction Plans.

• (1) You are responsible for developing the Franchised Business. We will provide to you mandatory and suggested specifications and layouts for a Pump It Up Business, including requirements for dimensions, design, image, interior layout, décor, fixtures, equipment, signs, furnishings, and color scheme. We may also provide you with suggested drawings for the overall layout of the premises. You acknowledge that the layouts and drawings are proprietary to us. These specifications and layouts might not reflect the requirements of any federal, state, or local law, code, or regulation, including those arising under the Americans with Disabilities Act ("ADA") or similar rules governing public accommodations for persons with disabilities. It is your responsibility to prepare a site survey and all required construction plans and specifications to suit the Premises and to make sure that these plans and specifications comply with the ADA and similar rules governing public accommodations for persons with disabilities, other applicable ordinances, building codes, permit requirements, and Lease requirements and restrictions.
• (2) You must retain an architect licensed in your state to develop construction drawings of your Pump It Up Business. Required stamped drawings include architectural, mechanical, plumbing and electrical plans. In addition, you must obtain structural and fire protection and any other plans as may be required by your state and local agencies.
• (3) You agree to send to us, upon our request, construction plans, specifications and/or other plans for our review before you begin constructing the Franchised Business, and all revised or "as built" plans and specifications during construction. We reserve the right to visit and inspect the Premises during construction to confirm your compliance with your obligations described in this section.
• B. Development of the Franchised Business. You agree to do the following, at your own expense, to develop the Franchised Business at the Premises:
  • (1) secure all financing and/or funding required to develop and operate the Franchised Business
  • (2) procure insurance coverage for your activities under this Agreement as required by Section 12.L. and the Manuals;
  • (3) obtain all required building, utility, sign, health, sanitation, occupancy, business, and other permits and licenses;
  • (4) construct all required improvements to the Premises and furnish and decorate the Franchised Business according to our approved plans and specifications;
  • (5) obtain all customary contractors' sworn statements and partial and final waivers of lien for construction, remodeling, decorating, and installation services;

Source: Item 23 — RECEIPTS (FDD pages 60–225)