Does Crisp & Green conduct site selection activities for the franchisee?
Crisp_Green Franchise · 2024 FDDAnswer from 2024 FDD Document
3.01 Site Acceptance Disclaimer. You acknowledge and agree that, if we suggest, approve, or give you information regarding a site for the Premises or a Crisp & Go Location, our action is not a representation or warranty of any kind, express or implied, of the site's suitability for a Restaurant, Crisp & Go Location, or any other purpose. We do not represent that we, or any of our Affiliates, owners, employees or agents, have special expertise in selecting sites. Our action indicates only that we believe that the site meets our then acceptable criteria and not that the Franchised Restaurant will be profitable or
successful at the Premises. Applying criteria that have appeared effective with other sites and premises might not accurately reflect the potential for all sites and premises, and demographic and/or other factors included in or excluded from our criteria could change, altering the potential of a site and premises. The uncertainty and instability of these criteria are beyond our control, and we are not responsible if a site and premises we suggest or approve for the location of a Restaurant fails to meet your expectations. Accordingly, you acknowledge and agree that your acceptance of the franchise for a Restaurant pursuant to this Agreement is based on your own independent investigation of the site's suitability for the Premises.
In consideration of our acceptance of the Premises, you and your Principal Owners release us, and our Affiliates, managers, officers, directors, governors, employees and agents from any and all loss, damage and liability arising from or in connection with the selection and/or acceptance of the Premises for development as a Restaurant.
Source: Item 23 — RECEIPTS (FDD pages 66–252)
What This Means (2024 FDD)
According to Crisp & Green's 2024 Franchise Disclosure Document, while Crisp & Green may suggest, approve, or provide information regarding a site for the premises, this action does not constitute a representation or warranty of the site's suitability. Crisp & Green explicitly states that they do not possess special expertise in selecting sites and that their approval only indicates that the site meets their acceptable criteria at that time. They do not guarantee the profitability or success of the Franchised Restaurant at the premises.
Crisp & Green emphasizes that the franchisee's acceptance of the franchise is based on their own independent investigation of the site's suitability. The document makes it clear that criteria that have been effective for other locations may not accurately reflect the potential of all sites, and demographic or other factors could change, affecting the site's potential. The uncertainty of these criteria is beyond Crisp & Green's control, and they are not responsible if a suggested or approved site fails to meet the franchisee's expectations.
In accepting the premises, the franchisee releases Crisp & Green from any liability arising from the selection and acceptance of the premises for development as a Restaurant. This indicates that while Crisp & Green may offer guidance or approval, the ultimate responsibility for site selection rests with the franchisee, who must conduct their own due diligence and risk assessment.