What are the consequences if a Crisp & Green franchisee fails to locate an acceptable site for the premises?
Crisp_Green Franchise · 2024 FDDAnswer from 2024 FDD Document
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. We will use reasonable efforts to help analyze your market area, to help determine site feasibility, and to assist in designating the location, although we will not conduct site selection activities for you. If you utilize a broker to identify a location, you will be responsible for any costs associated therewith. We will not unreasonably withhold our approval of a site that meets our criteria for demographic characteristics; traffic patterns; parking; character of neighborhood; competition from, proximity to, and nature of other businesses; other commercial characteristics; and the proposed site's size, appearance, and other physical characteristics.
You agree to send us a description of the proposed site, including a summary of the items listed above, along with a letter of intent or other evidence confirming your favorable prospects for purchase or lease of the proposed site. We will use reasonable efforts to approve or disapprove the proposed site within thirty (30) days after receiving your written proposal. If we do not approve of a proposed site, you must identify and notify us of new sites until we approve a site for the Franchised Restaurant. Upon our approval of a site, you agree that we will insert its address into Exhibit B, and it will be the Premises. The failure to insert such address into in Exhibit B shall not automatically affect the enforceability of this Agreement.
Source: Item 23 — RECEIPTS (FDD pages 66–252)
What This Means (2024 FDD)
According to Crisp & Green's 2024 Franchise Disclosure Document, if a franchisee and Crisp & Green have not agreed upon an approved location for the Franchised Restaurant before signing the Franchise Agreement, the franchisee is responsible for selecting a site within the Preliminary Designated Area outlined in Exhibit B. The franchisee must obtain Crisp & Green's written approval before signing any site acquisition documents.
The franchisee is required to locate and submit a site acceptable to Crisp & Green. While Crisp & Green will offer reasonable assistance in analyzing the market area and determining site feasibility, the franchisee bears the responsibility for site selection. If a broker is used, the franchisee is responsible for those costs. Crisp & Green will not unreasonably withhold approval of a site that meets their criteria for demographic characteristics, traffic patterns, parking, neighborhood character, competition, proximity to other businesses, and the site's physical characteristics.
The franchisee must provide a description of the proposed site, including a summary of the aforementioned criteria, along with a letter of intent or evidence confirming favorable prospects for purchase or lease. Crisp & Green will then use reasonable efforts to approve or disapprove the proposed site within 30 days of receiving the written proposal. If Crisp & Green disapproves of a proposed site, the franchisee must continue to identify and notify Crisp & Green of new sites until a site is approved. Upon approval, the site's address will be added to Exhibit B, designating it as the Premises. The failure to add the address to Exhibit B does not automatically affect the enforceability of the agreement.