Where can I find more details about the conditions for transfer of a Crisp & Green franchise?
Crisp_Green Franchise · 2024 FDDAnswer from 2024 FDD Document
risdictional requirements of the Indiana Deceptive Franchise Practices Law are met independently without reference to this Addendum to the Disclosure Document.
ADDENDUM TO CRISP & GREEN FRANCHISING LLC FRANCHISE DISCLOSURE DOCUMENT FOR THE STATE OF MARYLAND
In recognition of the requirements of the Maryland Franchise Registration and Disclosure Law, Maryland Code of Business Regulation §§ 14-201 - 14-233, the Franchise Disclosure Document for Crisp & Green in connection with the offer and sale of franchises for use in the State of Maryland shall be amended to include the following:
- Item 17, "Renewal, Termination, Transfer and Dispute Resolution," shall be amended by the addition of the following language:
The general release language required as a condition of renewal, sale and/or assignment or transfer will not apply to claims arising under the Maryland Franchise Registration and Disclosure Law.
Although the franchise agreement and area development agreement require litigation to be held in the city where our principal executive office is located, you may sue in Maryland for claims arising under the Maryland Franchise Registration and Disclosure Law, subject to the mediation and arbitration provisions of the franchise agreement and area development agreement.
The franchise agreement and area development agreement provide for termination upon your bankruptcy. This provision might not be enforceable under federal bankruptcy law (11. U.S.C. Sections 101 et seq.), but we will enforce it to the extent enforceable.
Any claims arising under the Maryland Franchise Registration and Disclosure Law must be brought within three years after the grant of your franchise.
To the extent that any provisions of the franchise agreement or area development agreement require you to assent to any release, estoppel or waiver of liability as a condition to your purchasing a franchise, such provisions are not intended to nor shall they act as a release, estoppel or waiver of any liability under the Maryland Franchise Registration and Disclosure Law.
- Item 17(v) and (w) are modified by the insertion of the following:
"Any Franchisee may sue in Maryland for claims arising under the Maryland Franchise Registration and Disclosure Law."
3.
Source: Item 23 — RECEIPTS (FDD pages 66–252)
What This Means (2024 FDD)
According to the 2024 Crisp & Green Franchise Disclosure Document, Item 17, "Renewal, Termination, Transfer and Dispute Resolution," contains information regarding the conditions for transfer of a Crisp & Green franchise.
For franchisees in Maryland, the FDD includes an addendum that modifies Item 17. Specifically, the general release language required as a condition of sale and/or assignment or transfer will not apply to claims arising under the Maryland Franchise Registration and Disclosure Law. This means that Maryland franchisees may have additional rights and protections when transferring their franchise compared to franchisees in other states.
For franchisees in Virginia, the FDD also includes an addendum that modifies Item 17. This addendum states that it is unlawful for a franchisor to cancel a franchise without reasonable cause, as defined by the Virginia Retail Franchising Act. Additionally, the summary section of Item 17(t) is amended to clarify that only the terms of the Franchise Agreement, Area Development Agreement, and other related written agreements are binding, subject to applicable state law. This ensures that any representations or promises outside of the disclosure document are not binding.