What must a franchisee obtain before signing any site acquisition documents for a Crisp & Green Restaurant?
Crisp_Green Franchise · 2024 FDDAnswer from 2024 FDD Document
u 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.
3.03 Purchase or Lease of Premises. We have the right to approve the terms of any site acquisition documents for the Premises. You must deliver to us a copy of the proposed site acquisition document.
Source: Item 23 — RECEIPTS (FDD pages 66–252)
What This Means (2024 FDD)
According to Crisp & Green's 2024 Franchise Disclosure Document, a prospective franchisee must obtain written approval from Crisp & Green for the proposed restaurant site before signing any site acquisition documents, such as a lease, sublease, or purchase contract. The franchisee is responsible for finding a site within the Preliminary Designated Area and submitting it to Crisp & Green for approval.
To facilitate the site selection process, the franchisee must provide Crisp & Green with a description of the proposed site, including a summary of demographic characteristics, traffic patterns, parking availability, neighborhood character, competition, proximity to other businesses, and the site's physical characteristics. Additionally, the franchisee needs to submit a letter of intent or other evidence confirming favorable prospects for purchasing or leasing the proposed site.
Crisp & Green commits to using reasonable efforts to either approve or disapprove the proposed site within 30 days of receiving the franchisee's written proposal. If Crisp & Green does not approve the initial site, the franchisee is obligated to continue identifying and notifying Crisp & Green of new potential sites until one is approved. Upon approval, the address of the site will be added to Exhibit B of the Franchise Agreement, officially designating it as the Premises for the Crisp & Green restaurant.
It is important to note that Crisp & Green's approval of a site does not imply any warranty or representation regarding the site's fairness, suitability, or the franchisee's ability to comply with the terms of the site acquisition documents. The franchisee also releases Crisp & Green from any liability related to the selection or acceptance of the premises.