Regarding site selection and acquisition/lease for a Crave Cookies franchise, which section of the Franchise Agreement covers this obligation?
Crave_Cookies Franchise · 2025 FDDAnswer from 2025 FDD Document
(a) Selecting Location. Crave Cookies Franchising shall provide its criteria for Crave Cookies locations to Franchisee. Crave Cookies Franchising will review and advise Franchisee regarding potential locations submitted by Franchisee.
6.2 Lease. In connection with any lease between Franchisee and the landlord of the Location: (i) if requested by Crave Cookies Franchising, Franchisee must submit the proposed lease to Crave Cookies Franchising for written approval, (ii) the term of the lease (including renewal terms) must be for a period of not less than the term of this Agreement, and (iii) Franchisee shall use commercially reasonable efforts to obtain the landlord's signature to a rider to the lease in the form required by Crave Cookies Franchising.
6.3 Development. Franchisee shall construct (or remodel) and finish the Location in conformity with Crave Cookies Franchising's System Standards.
If required by Crave Cookies Franchising, Franchisee shall engage the services of an architect licensed in the jurisdiction of the Location.
Franchisee shall not begin any construction or remodeling work without first obtaining Crave Cookies Franchising's approval of Franchisee's plans.
Crave Cookies Franchising may, but is not required to, inspect Franchisee's construction or remodeling progress at any reasonable time.
Franchisee shall not rely upon any information provided or opinions expressed by Crave Cookies Franchising or its representatives regarding any architectural, engineering, or legal matters (including without limitation the Americans With Disabilities Act) in the development and construction of the Business, and Crave Cookies Franchising assumes no liability with respect thereto.
- (iii) Crave Cookies Franchising's advice regarding or acceptance of a site is not a representation or warranty that the Business will be successful, and Crave Cookies Franchising has no liability to Franchisee with respect to the location of the Business.
Source: Item 9 — FRANCHISEE'S OBLIGATIONS (FDD pages 20–21)
What This Means (2025 FDD)
According to the 2025 Crave Cookies Franchise Disclosure Document, several sections within the Franchise Agreement outline the obligations for site selection and lease acquisition. Section 5.4(a) discusses site selection, stating that Crave Cookies Franchising will provide its criteria for locations and will review and advise franchisees on potential sites they submit. Section 6.2 addresses lease-related requirements, stipulating that if Crave Cookies Franchising requests, the franchisee must submit the proposed lease for written approval, and the lease term must match or exceed the term of the Franchise Agreement. Additionally, franchisees must use commercially reasonable efforts to get the landlord to sign a rider to the lease in the form required by Crave Cookies Franchising.
Section 6.3 focuses on the development of the location, requiring franchisees to construct or remodel the site in accordance with Crave Cookies' System Standards. Franchisees may need to engage a licensed architect if required by Crave Cookies Franchising and must obtain approval for their plans before starting any construction or remodeling. While Crave Cookies Franchising may inspect the construction progress, franchisees are cautioned against relying on any information from Crave Cookies Franchising regarding architectural, engineering, or legal matters, and Crave Cookies Franchising assumes no liability in these areas.
Item 12 of the FDD also mentions that the franchise is for a specific location, which is subject to Crave Cookies' approval if not known when signing the agreement. Furthermore, Crave Cookies Franchising's advice or acceptance of a site does not guarantee the business's success, and Crave Cookies Franchising has no liability regarding the location of the business, as stated in Item 22. These provisions collectively define the franchisee's responsibilities and Crave Cookies Franchising's role in the site selection, lease negotiation, and development process.