What is the franchisee's responsibility regarding investigation of the site's suitability for the Premises for a Crisp & Green Restaurant?
Crisp_Green Franchise · 2024 FDDAnswer from 2024 FDD Document
3.01 Site Acceptance Disclaimer. You acknowledge and agree that, if we suggest, approve, or give you information regarding a site for the Premises or a Crisp & Go Location, our action is not a representation or warranty of any kind, express or implied, of the site's suitability for a Restaurant, Crisp & Go Location, or any other purpose. We do not represent that we, or any of our Affiliates, owners, employees or agents, have special expertise in selecting sites. Our action indicates only that we believe that the site meets our then acceptable criteria and not that the Franchised Restaurant will be profitable or
successful at the Premises. Applying criteria that have appeared effective with other sites and premises might not accurately reflect the potential for all sites and premises, and demographic and/or other factors included in or excluded from our criteria could change, altering the potential of a site and premises. The uncertainty and instability of these criteria are beyond our control, and we are not responsible if a site and premises we suggest or approve for the location of a Restaurant fails to meet your expectations. Accordingly, you acknowledge and agree that your acceptance of the franchise for a Restaurant pursuant to this Agreement is based on your own independent investigation of the site's suitability for the Premises.
In consideration of our acceptance of the Premises, you and your Principal Owners release us, and our Affiliates, managers, officers, directors, governors, employees and agents from any and all loss, damage and liability arising from or in connection with the selection and/or acceptance of the Premises for development as a Restaurant.
Source: Item 23 — RECEIPTS (FDD pages 66–252)
What This Means (2024 FDD)
According to Crisp & Green's 2024 Franchise Disclosure Document, the franchisee is responsible for conducting their own independent investigation of a site's suitability for the Premises. Even if Crisp & Green suggests, approves, or provides information about a site, this does not constitute a representation or warranty of any kind regarding the site's suitability. Crisp & Green explicitly states they do not have special expertise in site selection and that their approval only indicates the site meets their criteria at that time.
Crisp & Green emphasizes that criteria effective for other locations may not accurately reflect the potential of all sites. Demographic and economic factors can change, altering a site's potential. The document makes it clear that these factors are beyond Crisp & Green's control, and they are not liable if an approved site fails to meet the franchisee's expectations.
Therefore, before accepting a franchise, a prospective Crisp & Green franchisee must perform thorough due diligence to determine if the location is appropriate for their restaurant. Furthermore, upon Crisp & Green's acceptance of the Premises, the franchisee releases Crisp & Green from any loss, damage, or liability connected to the selection and/or acceptance of the Premises for development as a Restaurant.