What is the franchisee required to obtain before signing any sublease for a Crisp & Green Restaurant?
Crisp_Green Franchise · 2024 FDDAnswer from 2024 FDD Document
e Premises for the operation of a CRISP & GREEN Restaurant as contemplated by the Franchise Agreement is in compliance with, and does not violate, any restriction or covenant regarding use of the Premises, and (ii) no other party has any contractual right inconsistent with the use of the Premises for the operation of a CRISP & GREEN Restaurant.
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- Assignment. Tenant has the right to assign all of its right, title and interest in the Lease to Franchisor, or its affiliates, at any time during the term of the Lease, including any extensions or renewals, without first obtaining Landlord's consent to such assignment; provided, however, no assignment of the Lease will be effective until Franchisor or its designated affiliate gives Landlord written notice of its acceptance of such assignment. If Franchisor, or its affiliate, elects to accept assignment of the Lease under this paragraph or unilaterally accepts assignment of the Lease as provided for in this Addendum, then Landlord and Tenant agree that (i) Tenant will remain liable for the responsibilities and obligations under the Lease, including without limitation,
amounts owed to Landlord, prior to the date of such assignment, and (ii) Franchisor, or its affiliate, will have the right to thereafter assign the Lease or sublease the Premises to a franchisee of Franchisor without the prior consent or approval of Landlord;
Source: Item 23 — RECEIPTS (FDD pages 66–252)
What This Means (2024 FDD)
The 2024 Crisp & Green Franchise Disclosure Document (FDD) outlines the process for assigning the lease or subleasing the premises. According to the FDD, Crisp & Green's tenant (franchisee) has the right to assign all rights, titles, and interests in the lease to the franchisor, or its affiliates, at any time during the term of the lease, including any extensions or renewals, without first obtaining the landlord's consent to such assignment.
However, no assignment of the lease will be effective until Crisp & Green (the franchisor) or its designated affiliate gives the landlord written notice of its acceptance of such assignment. If Crisp & Green, or its affiliate, elects to accept assignment of the lease, the tenant (franchisee) will remain liable for the responsibilities and obligations under the lease, including amounts owed to the landlord, prior to the date of such assignment.
Furthermore, Crisp & Green, or its affiliate, will have the right to thereafter assign the lease or sublease the premises to a franchisee of Crisp & Green without the prior consent or approval of the landlord, provided that such franchisee agrees to operate the premises pursuant to a franchise agreement with Crisp & Green. Crisp & Green, or its affiliate, shall only be responsible for obligations under the lease arising or incurred during such time that Crisp & Green, or such affiliate, is the tenant under the lease.