factual

What franchise agreement terms will a Crisp & Green transferee be bound by?

Crisp_Green Franchise · 2024 FDD

Answer from 2024 FDD Document

Each of the undersigned hereby acknowledges having read and understood this Addendum and consents to be bound by all of its terms.

CRISP & GREEN FRANCHISING LLC, a

Minnesota limited liability company (Name of corporation, limited liability company or partnership) By: By: Print Name: Print Name: Title: Title:

ADDENDUM TO THE CRISP & GREEN AREA DEVELOPMENT AGREEMENT FOR THE STATE OF NEW YORK

Notwithstanding anything to the contrary set forth in the Crisp & Green Franchising LLC Area Development Agreement, the following provisions shall supersede any inconsistent provisions and apply to all Crisp & Green franchises offered and sold in the state of New York:

This New York Addendum is only applicable if you are a resident of New York or if your business will be located in New York.

  1. Section 9 of the Area Development Agreement is revised to include the following language:

Provided, however, that all rights arising under Franchisee's favor from the provisions of Article 33 of the GBL of the State of New York and the regulations issued thereunder shall remain in force; it being the intent of this provision that the non-waiver provisions of GBL Section 687.4 and 687.5 be satisfied.

  1. The Area Development Agreement is modified by the addition of the following to Section 5:

In addition, Franchisee shall have the right to terminate the Area Development Agreement to the extent allowed under applicable law.

  1. Section 7 of the Area Development Agreement is revised to include the following:

Franchisor will not make an assignment except to an assignee who, in Franchisor's good faith judgment, is willing and able to assume its obligations under the Agreement.


Each of the undersigned hereby acknowledges having read and understood this Addendum and consents to be bound by all of its terms.

CRISP & GREEN FRANCHISING LLC, a

Source: Item 23 — RECEIPTS (FDD pages 66–252)

What This Means (2024 FDD)

Based on the 2024 Crisp & Green Franchise Disclosure Document, several addenda address specific terms and conditions that transferees must adhere to, particularly concerning state laws and obligations. For instance, the New York Addendum stipulates that all rights arising under the franchisee's favor from the provisions of Article 33 of the GBL of the State of New York and its regulations remain in force, ensuring compliance with GBL Sections 687.4 and 687.5. Similarly, the North Dakota Addendum indicates that its provisions supersede any inconsistent terms in the standard Area Development Agreement, but it only applies to residents or businesses located in North Dakota.

Furthermore, the Washington Addendum clarifies that general releases required for executing a transfer do not waive liabilities against Crisp & Green parties or their affiliates under the Washington Franchise Investment Protection Act. This ensures that franchisees retain their rights under state law even when transferring the franchise. Additionally, Section 16.04 of the Franchise Agreement is modified to align with RCW 19.100.180(2)(i) and 2(j), providing further legal consistency within Washington State.

These addenda collectively ensure that transferees are bound by specific state laws and regulations, protecting their rights and clarifying obligations during the transfer process. Prospective franchisees should carefully review these addenda, particularly those applicable to their state, to fully understand the terms and conditions they will be subject to upon acquiring a Crisp & Green franchise.

Disclaimer: This information is extracted from the 2024 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.