What is the purpose of the Conditional Assignment of Lease mentioned in the Cilantro Taco Grill FDD?
Cilantro_Taco_Grill Franchise · 2024 FDDAnswer from 2024 FDD Document
If Franchisee does not own the land on which the Restaurant is operated and Franchisor exercises its option for an assignment of the lease, Franchisor may exercise this option for the purpose of purchasing the building if owned by Franchisee and related assets as described above.
Source: Item 23 — RECEIPT (FDD pages 52–208)
What This Means (2024 FDD)
According to the 2024 Cilantro Taco Grill Franchise Disclosure Document, if a franchisee does not own the land on which their Cilantro Taco Grill restaurant operates, Cilantro Taco Grill has the option to pursue an assignment of the lease. If Cilantro Taco Grill exercises this option, it may do so to purchase the building (if the franchisee owns it) and related assets.
This clause protects Cilantro Taco Grill's interests in maintaining the restaurant's location and continuing operations, even if the franchisee's relationship with the company ends. It ensures that Cilantro Taco Grill can potentially take over the lease and continue operating a restaurant at that location, preserving brand presence and customer base.
For a prospective franchisee, this means that if you lease the land for your Cilantro Taco Grill restaurant, the franchisor has the right to assume that lease under certain conditions. This could happen if the franchise agreement terminates or expires. It is important to understand the circumstances under which Cilantro Taco Grill might exercise this option and how the terms of the lease assignment would be determined. Franchisees should clarify the financial implications and any potential liabilities associated with this assignment.