If the lease assignment is prohibited for a Crisp & Green franchise, what alternative is required?
Crisp_Green Franchise · 2024 FDDAnswer from 2024 FDD Document
Upon the expiration or termination of the Lease, if Franchisor does not accept assignment of Tenant's interest in the Lease, then Landlord agrees to cooperate and allow Franchisor to enter the Premises, without cost and without being liable for trespass and without incurring any liability to Landlord, to remove all signs and all other items identifying the Premises as a CRISP & GREEN restaurant and to make such other modifications as are reasonably necessary to protect the proprietary marks and franchise system of Franchisor, and to distinguish the Premises from CRISP & GREEN restaurants.
Source: Item 23 — RECEIPTS (FDD pages 66–252)
What This Means (2024 FDD)
Based on the 2024 Crisp & Green Franchise Disclosure Document, the document outlines the rights of Crisp & Green in the event of lease termination or expiration. Specifically, if Crisp & Green does not accept assignment of the tenant's interest in the lease upon its expiration or termination, the landlord must cooperate and allow Crisp & Green to enter the premises.
Under these circumstances, Crisp & Green is permitted to remove all signs and items identifying the location as a Crisp & Green restaurant. Additionally, Crisp & Green can make necessary modifications to protect its proprietary marks and franchise system. These modifications serve to differentiate the premises from Crisp & Green restaurants.
This ensures that even without lease assignment, Crisp & Green can protect its brand identity and prevent consumer confusion by removing branding and altering the location to no longer appear as a Crisp & Green franchise. This clause protects Crisp & Green's brand and trademarks even if they do not take over the lease.