Where can I find the territory in which a Crisp & Green developer is entitled to operate?
Crisp_Green Franchise · 2024 FDDAnswer from 2024 FDD Document
1. GRANT OF DEVELOPMENT RIGHTS.
The following provisions control with respect to the rights granted under this Agreement:
- A. We grant to you, under the terms and conditions of this Agreement, the right to develop and operate the number of CRISP & GREEN restaurants identified in the Rider (the "Franchised Restaurants"), using the Marks and System and operating within the territory described in the Rider (the "Development Area").
- B. You agree to be bound by the "Development Schedule" set forth in the Rider. Time is of the essence for the development of each Franchised Restaurant under this Agreement and for the signing of each Franchise Agreement as set forth in the Development Schedule. Each Franchised Restaurant must be developed and operated by you under a separate Franchise Agreement that you enter into with us.
- C. Unless otherwise indicated in the Rider and except as set forth in Section D below or otherwise in this Agreement, if you are in compliance with this Agreement and any and all Franchise Agreement(s) you have with us, we will not develop or operate—or grant anyone else a franchise to develop and operate—a CRISP & GREEN Restaurant from any location
Source: Item 23 — RECEIPTS (FDD pages 66–252)
What This Means (2024 FDD)
According to Crisp & Green's 2024 Franchise Disclosure Document, the territory in which a developer is entitled to operate, known as the "Development Area", is described in the Rider to the Area Development Agreement. The Area Development Agreement grants the developer the right to develop and operate a specific number of Crisp & Green restaurants, referred to as "Franchised Restaurants", within this defined Development Area, utilizing Crisp & Green's Marks and System.
The developer is bound by a "Development Schedule" outlined in the Rider, which specifies timelines for signing Franchise Agreements and opening each Franchised Restaurant. Compliance with this schedule is critical, as failure to meet the deadlines could result in Crisp & Green terminating the agreement or altering the Development Area. Each Franchised Restaurant within the Development Area requires a separate Franchise Agreement between the developer and Crisp & Green.
Crisp & Green will not develop or operate, nor grant others the right to operate, a Crisp & Green Restaurant within the Development Area while the developer is in compliance with the Area Development Agreement and any Franchise Agreements, until the agreement expires or the date the developer must sign the Franchise Agreement for their last Franchised Restaurant, as per the Development Schedule. After this, the Development Area expires, and Crisp & Green can develop or franchise others to develop Crisp & Green Restaurants in the area, unless otherwise specified in a signed and un-terminated Franchise Agreement.
It's important to note that Crisp & Green retains rights to operate or franchise Crisp & Green Restaurants outside the Development Area, regardless of proximity or potential negative impact on the developer's Franchised Restaurants. The developer is responsible for identifying and securing sites for each Franchised Restaurant, subject to Crisp & Green's approval.