If Crave modifies the non-compete covenants, when does the modification become effective?
Crave Franchise · 2025 FDDAnswer from 2025 FDD Document
You shall accept, use and effectuate any such changes or modifications to, or substitution of, the System as if they were part of the System at the time that this Agreement was executed.
We shall not be liable to you for any expenses, losses or damages sustained by you as a result of any of the modifications contemplated hereby. You hereby covenant not to commence or join in any litigation or other proceeding against us or any third party complaining of any such modifications or seeking expenses, losses or damages caused thereby. You expressly waive any claims, demands or damages arising from or related to the foregoing activities including, without limitation, any claim of breach of contract, breach of fiduciary duty, fraud, and/or breach of the implied covenant of good faith and fair dealing.
Source: Item 23 — RECEIPTS (FDD pages 63–253)
What This Means (2025 FDD)
According to Crave's 2025 Franchise Disclosure Document, any modifications or changes to the Crave system become effective immediately. The franchisee must accept, use, and implement any changes or modifications to the system as if they were part of the system at the time the agreement was executed. This includes changes to products, programs, services, methods, standards, forms, policies, and procedures.
Crave retains the right to alter various aspects of its system to adapt to changes in technology, competition, demographics, consumer trends, and other market variables. These modifications may include changes to the products and services offered, alterations to the building, premises, equipment, signage, trade dress, décor, color schemes, uniform specifications, and changes to the trademarks.
Crave is not liable for any expenses, losses, or damages sustained by the franchisee as a result of these modifications. The franchisee agrees not to initiate or participate in any legal proceedings against Crave or any third party regarding these modifications, waiving any claims for breach of contract, breach of fiduciary duty, fraud, or breach of the implied covenant of good faith and fair dealing. This means a franchisee bears the risk of adapting to changes and cannot seek compensation for related costs or losses.