What is the Crisp & Green franchisee's responsibility regarding the maintenance of the Franchised Restaurant's attractive manner?
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 condition and appearance of their restaurant in an attractive and clean manner, ensuring efficient operation at all times. This includes making modifications and additions to the 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, drive-thru (if applicable), and parking areas. Periodic cleaning and redecorating of the premises are also required.
If the general state of repair, appearance, or cleanliness of the restaurant does not meet Crisp & Green's standards, the franchisor may notify the franchisee and specify the actions needed to correct the deficiency. The franchisee then has ten days to initiate and diligently continue a program to complete the required maintenance. Failure to do so allows Crisp & Green to enter the premises and perform the maintenance at the franchisee's expense, which can be automatically debited from the franchisee's bank account.
Crisp & Green also requires periodic upgrades and/or remodeling of the franchised restaurant according to their plans and specifications, but 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 begin repairs or reconstruction within thirty days to restore the restaurant to its original condition. Crisp & Green may also require the franchisee to update the restaurant to the then-current layout and decor specifications for new restaurants if feasible without substantial additional costs.