What is the condition for the Premises to be set forth on Exhibit B for a Crisp & Green Restaurant?
Crisp_Green Franchise · 2024 FDDAnswer from 2024 FDD Document
e and liability arising from or in connection with the selection and/or acceptance of the Premises for development as a Restaurant.
3.02 Selection of Premises. If we have approved a location for the Franchised Restaurant before or concurrently with the execution of this Agreement, the Premises will be set forth on Exhibit B. If we and you have not agreed upon an approved location for the Franchised Restaurant before signing this Agreement, then you are responsible for selecting the site for the Franchised Restaurant within the Preliminary Designated Area set forth on Exhibit B. You agree to obtain our written approval of the Franchised Restaurant's proposed site before signing any lease, sublease, purchase contract or other document for the site (the "site acquisition documents").
You must locate and submit for our approval a site acceptable to us within the Preliminary Designated Area for the Franchised Restaurant.
Source: Item 23 — RECEIPTS (FDD pages 66–252)
What This Means (2024 FDD)
According to Crisp & Green's 2024 Franchise Disclosure Document, if a location for the Franchised Restaurant has been approved before or at the same time as the execution of the Franchise Agreement, the Premises will be detailed in Exhibit B. This means that the specific address and details of the approved location are formally documented as part of the franchise agreement right from the start.
If an approved location hasn't been agreed upon when the Franchise Agreement is signed, the franchisee is responsible for finding a site within the Preliminary Designated Area, which is outlined in Exhibit B. The franchisee must then get written approval from Crisp & Green for the proposed site before signing any site acquisition documents like a lease or purchase contract.
Once Crisp & Green approves a site, its address will be added to Exhibit B, officially designating it as the Premises. However, the document clarifies that if the address is not added to Exhibit B, it does not automatically invalidate the Franchise Agreement. This indicates that while including the address in Exhibit B is the standard procedure, the agreement remains enforceable even if this step is missed.