What standards is the Crave franchisee required to adhere to when exercising control of the day-to-day operations of the Franchised Business?
Crave Franchise · 2025 FDDAnswer from 2025 FDD Document
You and the Principals expressly agree that the terms of this Article 15 shallsurvive the termination, expiration or transfer of this Agreement or any interest herein.
ARTICLE 16 RELATIONSHIP OF THE PARTIES
16.1 No Fiduciary Relationship
Franchisee acknowledges and agrees that Franchisee alone exercises day-to-day control over all operations, activities, and elements of the Franchised Business, and that under no circumstance shall Franchisor do so or be deemed to do so. Franchisee further acknowledges and agrees, and will never claim otherwise, that the various restrictions, prohibitions, specifications, and procedures of the System which Franchisee is required to comply with under this Agreement, whether set forth in the Manual or otherwise, do not directly or indirectly constitute, suggest, infer or imply that Franchisor controls any aspect or element of the day-to-day operations of the Franchised Business, which Franchisee alone controls, but only constitute standards to which Franchisee must adhere when exercising control of the day-to-day operations of the Franchised Business.
Source: Item 23 — RECEIPTS (FDD pages 63–253)
What This Means (2025 FDD)
According to Crave's 2025 Franchise Disclosure Document, while the franchisee has control over the day-to-day operations of the Franchised Business, they must adhere to the standards set forth in the Franchise Agreement and the Crave System. These standards, found in the manual or elsewhere, do not imply that Crave controls the daily operations, but rather they are the benchmarks the franchisee must meet while running the business.
Specifically, the franchisee must comply with Crave's system standards regarding social media. Franchisees cannot promote their business or use Crave's proprietary marks on social media without prior written approval. Crave maintains control over all social media initiatives, and franchisees must adhere to guidelines, including restrictions on posting comments about the business or system, except on authorized websites. Crave will provide access to branded social media assets, which franchisees must update regularly, and Crave reserves the right to conduct national campaigns via local social media on the franchisee's behalf.
Additionally, the franchisee must ensure that the Franchised Business and its adjacent areas comply with all applicable federal, state, and local accessibility laws, statutes, codes, rules, regulations, and standards, including the Americans with Disabilities Act. The franchisee is responsible for any claims, losses, costs, expenses, liabilities, compliance costs, and damages related to their compliance with the Americans with Disabilities Act, and must indemnify Crave against any such issues.