factual

What does Article 12 of the Crave franchise agreement concern?

Crave Franchise · 2025 FDD

Answer from 2025 FDD Document

nt us as your true and lawful attorney-in-fact with full power and authority, for the sole purpose of obtaining any and all returns and reports filed by you with any state and/or federal taxing authority pertaining to the Franchised Business. This power of attorney shall survive the expiration or termination of this Agreement.

ARTICLE 12 INSURANCE

  • 12.1 You shall procure, before you begin construction and/or improvement of the Franchised Business premises, and shall maintain in full force and effect at all times during the term of this Agreement (and for such period thereafter as is necessary to provide the coverages required hereunder for events having occurred during the term of this Agreement) at your expense, an insurance policy or policies protecting you and us, our successors and assigns, our affiliates, and our respective officers, directors, shareholders, partners, agents, representatives, independent contractors and employees of each of them against any demand or claim with respect to personal injury, death or property damage, or any loss, liability or expense whatsoever arising or occurring upon or in connection with the Franchised Business. Such insurance policies must be written by an insurance company acceptable to us and which has a rating of "A-" or higher with A.M. Best Company.

  • 12.2 Such policy or policies shall be written by a responsible, duly licensed carrier or carriers reasonably acceptable to us and shall include, at a minimum (except as additional coverages and higher policy limits may reasonably be specified by us from time to time), in accordance with standards and specifications set forth in writing, any insurance that you must have according to the terms of the lease for the Accepted Location and as required by applicable law. All insurance must be on an "occurrence" basis. Currently you must maintain the following insurance:

  • 12.2.1 Coverage which includes CRAVE Franchising, LLC as additional insureds on a primary non-contributory basis to the general liability policy and the auto liability policy. The additional insureds should be listed on the certificate as follows: CRAVE Franchising, LLC and its member, officers, directors, partners, shareholders, regional directors, subsidiaries and affiliates, agents and employees; and it must be provided on an Additional Insured Grantor of Franchise Endorsement form CG2029 (or an endorsement form with comparable wording acceptable to us).

  • 12.2.2 Insurance must be underwritten by insurers licensed and permitted to write coverage in the state in which the Franchised Business is located. These policies must include the coverage that we require, which currently includes: (a) "all risk" or "special" property insurance covering all real and personal property and equipment on a replacement costs basis, including business interruption and extra expense insurance on an actual loss sustained basis; (b) comprehensive general liability insurance, including products and completed operations in an amount of not less than the following combined single limits: Two Million Dollars ($2,000,000) per occurrence, Two Million Dollars ($2,000,000) personal and advertising injury, Two Million Dollars ($2,000,000) completed operations/products aggregate, Two Million Dollars ($2,000,000) aggregate per location; (c) employment practices liability coverage with a limit of One Hundred Thousand Dollars ($100,000) per occurrence and in the aggregate; (d) commercial automobile liability coverage, including coverage of owned, non-owned, rented or hired vehicles with coverage in amounts not less than One Million Dollars ($1,000,000) combined single limit; and (e) workers' compensation insurance for statutory limits and employer's liability insurance in amounts not less than One Million Dollars ($1,000,000) per accident, One Million Dollars ($1,000,000) each employee per disease and One Million Dollars ($1,000,000) policy limit per disease; (f) liquor liability insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence; and (g) umbrella or excess liability insurance with limits of Two Million Dollars ($2,000,000) per occurrence and Two Million Dollars ($2,000,000) general aggregate.

  • 12.2.3 You and your insurers shall agree to waive rights of subrogation against CRAVE Franchising, LLC. At least ten (10) days before construction and/or improvement of your Franchised Business begins, and thereafter no fewer than thirty (30) days prior to the expiration of any such policy, you shall deliver to us Certificates of Insurance evidencing the existence and continuation of proper coverage with limits not less than those required hereunder, and you must deliver to us evidence of the waiver. Each year CRAVE Franchising, LLC may unilaterally modify the insurance minimum coverage requirements which may include an increase to the minimum coverage requirements to reflect changes in inflation or as market conditions warrant.

Source: Item 23 — RECEIPTS (FDD pages 63–253)

What This Means (2025 FDD)

According to Crave's 2025 Franchise Disclosure Document, Article 12 of the franchise agreement pertains to insurance requirements for the franchisee. It stipulates that the franchisee must secure and maintain insurance policies throughout the term of the agreement, covering personal injury, death, property damage, loss, liability, and expenses related to the franchised business. These policies must be written by an insurance company acceptable to Crave, with a rating of "A-" or higher from A.M. Best Company.

The insurance policies must be written by a duly licensed carrier and include, at a minimum, the insurance required by the lease for the accepted location and by applicable law, on an "occurrence" basis. Crave Franchising, LLC must be included as an additional insured on a primary non-contributory basis on both the general liability and auto liability policies, using a specific endorsement form (CG2029 or equivalent). The insurance must be underwritten by insurers licensed in the state where the franchised business is located, and Crave and the franchisee must agree to waive rights of subrogation against Crave Franchising, LLC.

At least ten days before construction begins, and then thirty days before the expiration of any policy, the franchisee must provide Certificates of Insurance to Crave, demonstrating proper coverage and the waiver. Crave may modify the minimum coverage requirements annually to reflect inflation or market conditions. Additionally, the franchisee must maintain builders' risks insurance and performance and completion bonds during any construction, renovation, or remodeling. The franchisee's insurance obligations are not limited by any insurance Crave may maintain, nor do they relieve the franchisee of liability under the indemnity provisions in Article 15 of the agreement.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.