What is the Crisp & Green franchisee's obligation regarding the maintenance of the Franchised Restaurant's condition and appearance?
Crisp_Green Franchise · 2024 FDDAnswer from 2024 FDD Document
9. RESTAURANT OPERATING STANDARDS.
9.01 Condition of Franchised Restaurant. You must maintain the Franchised Restaurant's condition and appearance in an attractive and clean manner so that the Franchised Restaurant can be efficiently operated at all times. You agree to maintain the Franchised Restaurant's condition and appearance and to make such modifications and additions to its layout, decor, and general theme as we may require at any time and from time to time, including replacement of worn-out or obsolete fixtures, equipment, furniture, signs and utensils, repair of the interior and exterior and appurtenant drive-thru (if any) and parking areas, and periodic cleaning and redecorating of the Premises. If at any time the general state of repair, appearance or cleanliness of the Franchised Restaurant or its fixtures, equipment, furniture, signs or utensils, does not meet our standards, we may notify you and specify the action you must take to correct such deficiency. If, within ten (10) days after receiving such notice, you fail or refuse to initiate and thereafter continue in good faith and with due diligence a bona fide program to complete such required maintenance, we have the right (in addition to our rights under Section 14), but not the obligation, to enter the Premises and do such maintenance on your behalf and at your expense. You must
promptly reimburse us for such expenses, which we may automatically debit from your bank account in accordance with Section 6.06.
You must periodically upgrade and/or remodel the Franchised Restaurant pursuant to our plans and specifications, provided, however, we will not require substantial remodeling more than once during any five (5) year period.
If the Franchised Restaurant is damaged or destroyed by fire or other casualty, then you must initiate within thirty (30) days (and continue using best efforts until completion) all repairs or reconstruction to restore the Franchised Restaurant to its original condition. If, in our reasonable judgment, the damage or destruction is of such a nature that it is feasible, without incurring substantial additional costs, to repair or reconstruct the Franchised Restaurant in accordance with our then current layout and decor specifications for new Restaurants, we may require you to repair or reconstruct the Franchised Restaurant according to those specifications.
Source: Item 23 — RECEIPTS (FDD pages 66–252)
What This Means (2024 FDD)
According to Crisp & Green's 2024 Franchise Disclosure Document, franchisees must maintain the Franchised Restaurant in an attractive and clean condition, ensuring efficient operation at all times. This includes making modifications and additions to the restaurant's layout, decor, and general theme as required by Crisp & Green. Franchisees are also responsible for replacing worn-out or obsolete fixtures, equipment, furniture, signs, and utensils, as well as repairing the interior and exterior, including any drive-thru and parking areas, and periodically cleaning and redecorating the premises.
If the general state of repair, appearance, or cleanliness of the Franchised Restaurant does not meet Crisp & Green's standards, the franchisor may notify the franchisee and specify the actions needed to correct the deficiency. Should the franchisee fail to initiate and diligently continue a program to complete the required maintenance within ten days after receiving notice, Crisp & Green has the right, but not the obligation, to enter the premises and perform the maintenance on behalf of the franchisee at the franchisee's expense. The franchisee must promptly reimburse Crisp & Green for these expenses, which may be automatically debited from their bank account.
Furthermore, franchisees are required to periodically upgrade and/or remodel the Franchised Restaurant according to Crisp & Green's plans and specifications, although substantial remodeling will not be required more than once during any five-year period. In the event of damage or destruction by fire or other casualty, the franchisee must initiate repairs or reconstruction within thirty days to restore the restaurant to its original condition. Crisp & Green may also require the franchisee to repair or reconstruct the restaurant according to the franchisor's then-current layout and decor specifications for new restaurants if feasible without incurring substantial additional costs.