What is the Crisp & Green franchisee's obligation regarding the use of the Franchised Restaurant?
Crisp_Green Franchise · 2024 FDDAnswer from 2024 FDD Document
st may or may not optimize the revenues or profitability of your Franchised Restaurant and you irrevocably waive any and all claims arising from the establishment or suggestion of your Franchised Restaurant's retail prices.
9.12 Catering and Delivery Services; Crisp & Go Location. Unless we specify otherwise in writing, Franchisee shall provide Catering Service and/or Delivery Service from the Franchised Restaurant in accordance with all applicable terms and conditions of this Agreement and the Operations Manual. Franchisee shall not establish another outlet or property (other than the Franchised Restaurant's Premises) for use in connection with Catering Service or Delivery Service, provided that, if Franchisee has been approved to operate a Crisp & Go Location, Franchisee may operate the Crisp & Go Location at the site within your Designated Area that we have approved in writing.
You may determine the geographic area within which you will offer Catering Service or Delivery Service, provided that (1) you must ensure that your customers receive at all times high quality food and beverage products prepared and maintained in accordance with our specifications, and (2) you do not send any direct mail advertisements for Catering Service or Delivery Service into the Designated Area of another Restaurant. However, you may accept a catering or delivery order from any location, even if it means that you are delivering or setting up the order in the Designated Area of another Restaurant. You must maintain the condition and appearance of, and perform maintenance with respect to vehicles, servewear and equipment used in connection with the provision of Catering Services and/or Delivery Services in accordance with our standards, specifications and procedures, and consistent with the image of CRISP & GREEN as first class, clean sanitary, attractive and efficiently-operated food service businesses. You must ensure that
all catering and delivery drivers strictly comply with all applicable laws and maintain adequate motor vehicle liability insurance in the amounts that we periodically specify.
If you fail to comply with any provision of this Agreement pertaining to Catering Service or Delivery Service, then in addition to any other rights and remedies that we might have (inducing the right to terminate this Agreement pursuant to Section 14 below, if applicable), we may temporarily suspend or permanently terminate your right to provide Catering Service and/or Delivery Service or restrict the geographic area within which you may provide Catering Service and/or Delivery Service.
Except in connection with a Crisp & Go Location we have approved, you are not authorized to sell food and beverage products out of a location other than the Premises unless we have provided written consent. If we have approved you to operate a Crisp & Go Location, you must (1) ensure that at all times your customers receive from the Crisp & Go Location high quality food and beverage products prepared and maintained in accordance with our specifications, (2) maintain the condition and appearance of, and perform maintenance with respect to, the Crisp & Go Location in accordance with our standards, specifications and procedures, and consistent with the image of CRISP & GREEN as first class, clean sanitary, attractive and efficiently-operated food service businesses, (3) ensure that all delivery drivers making deliveries to the Crisp & Go Location strictly comply with all applicable laws and maintain adequate motor vehicle liability insurance in the amounts that we periodically specify, (4) operate the Crisp & Go Location in accordance with our standards, specifications and procedures, and (5) not relocate the Crisp & Go Location without our prior written approval.
If you fail to comply with any provision of this Agreement pertaining to the operation of a Crisp & Go Location, then in addition to any other rights and remedies that we might have (including the right to terminate this Agreement pursuant to Section 14 below, if applicable), we may temporarily suspend or permanently terminate your right to operate the Crisp & Go Location.
- 9.13 Mobile Ordering Services. As part of our technology system, we may (but are not required to) make available to you and to customers a CRISP & GREEN mobile application capable of taking orders. We currently provide a mobile ordering application.
Source: Item 23 — RECEIPTS (FDD pages 66–252)
What This Means (2024 FDD)
According to the 2024 Crisp & Green Franchise Disclosure Document, franchisees are generally required to provide catering and delivery services from their franchised restaurant, adhering to the terms and conditions outlined in the franchise agreement and operations manual. Unless otherwise specified in writing by Crisp & Green, franchisees cannot establish separate outlets or properties for catering or delivery services, with the exception of an approved 'Crisp & Go' location within their designated area. Franchisees have some latitude in determining their catering and delivery service areas, provided they maintain high-quality food and beverage standards and do not directly solicit business in other franchisees' designated areas. They are, however, allowed to accept catering or delivery orders from any location, even if it means delivering to another restaurant's designated area. Franchisees must also maintain the condition and appearance of vehicles and equipment used for catering and delivery services to align with Crisp & Green's brand image. All catering and delivery drivers must comply with applicable laws and maintain adequate motor vehicle liability insurance.
Failure to comply with the franchise agreement's provisions regarding catering and delivery services can result in temporary suspension or permanent termination of the franchisee's right to offer these services, or restriction of the geographic area in which they can be provided. This is in addition to any other rights and remedies that Crisp & Green may have, including the right to terminate the franchise agreement. This clause underscores the importance of adhering to Crisp & Green's standards and guidelines for catering and delivery services to maintain the integrity of the brand and ensure consistent customer experience.
In addition to catering and delivery obligations, the franchisee must adhere to specific standards regarding the restaurant's premises. The landlord agrees to allow the franchisee to remodel, equip, paint, and decorate the interior of the premises, as well as display proprietary marks and signs, according to the franchise agreement. The landlord also warrants that the use of the premises for a Crisp & Green restaurant complies with all restrictions and covenants and that no other party has conflicting contractual rights. The franchisee has the right to assign the lease to Crisp & Green or its affiliates without the landlord's prior consent, provided that the franchisor gives written notice of acceptance. This ensures that the franchisee operates the premises in accordance with the franchise agreement and maintains the brand's standards.