If Crave Cookies becomes the lessee, what rights does Crave Cookies have regarding assignment or subleasing?
Crave_Cookies Franchise · 2025 FDDAnswer from 2025 FDD Document
Notwithstanding any provision of the Lease to the contrary, Tenant shall have the right to assign or sublet the Lease to Franchisor, provided that no such assignment or sublease shall relieve Tenant or any guarantor of liability under the Lease. If Franchisor becomes the lessee of the Leased Premises, then Franchisor shall have the right to assign or sublease its lease to a franchisee of the Crave Cookies brand.
Source: Item 23 — RECEIPTS (FDD pages 47–194)
What This Means (2025 FDD)
According to Crave Cookies' 2025 Franchise Disclosure Document, if Crave Cookies becomes the lessee of the leased premises, it has the right to assign or sublease the lease to a franchisee of the Crave Cookies brand. This provision is outlined in the Franchisor Rider to Lease Agreement, which takes precedence over any conflicting terms in the original lease.
This clause is beneficial for Crave Cookies as it provides flexibility in managing the leased premises. Should the original franchisee default or the franchise agreement be terminated, Crave Cookies can step in as the lessee and then assign or sublease the property to another franchisee, ensuring continued operation of a Crave Cookies business at that location. This helps maintain brand presence and minimizes potential losses associated with vacant properties.
For a prospective franchisee, this arrangement offers some assurance that Crave Cookies is actively involved in protecting its brand and supporting its franchisees. However, it's important to note that the original franchisee remains liable under the lease even if an assignment or sublease occurs, unless otherwise agreed upon. This highlights the importance of carefully reviewing the lease agreement and understanding all obligations before signing.