If a Crisp & Green tenant defaults, does the franchisor have the obligation to cure the default?
Crisp_Green Franchise · 2024 FDDAnswer from 2024 FDD Document
In the event there is a default or violation by Tenant under the terms of the Lease, Landlord agrees to give Franchisor written notice of such default or violation on the same day Landlord provides such notice to Tenant.
Landlord agrees that Franchisor has the right, but is under no obligation, to cure the default or violation of Tenant set forth in any notice provided by Landlord.
Franchisor shall have an additional fifteen (15) days after the expiration of Tenant's cure period in which to cure the default or violation.
All notices to Franchisor must be sent by registered or certified mail, postage prepaid, to Crisp & Green Franchising LLC, 746 Mill Street E, Wayzata, Minnesota 55391.
Franchisor may change its address for receiving notices by giving Landlord written notice of the new address.
Landlord agrees to notify both Tenant and Franchisor of any change in Landlord's mailing address to which notices should be sent.
Upon Tenant's default and failure to cure a default under either the Lease or the Franchise Agreement, Franchisor has the right (but not the obligation) to unilaterally accept assignment of Tenant's interest in the Lease in accordance with this Addendum.
Source: Item 23 — RECEIPTS (FDD pages 66–252)
What This Means (2024 FDD)
According to Crisp & Green's 2024 Franchise Disclosure Document, the franchisor does not have an obligation to cure a tenant's default. However, if a tenant defaults or violates the terms of their lease, the landlord must provide written notice to Crisp & Green Franchising LLC on the same day they notify the tenant.
Crisp & Green has the right, but not the obligation, to cure the default or violation of the tenant as outlined in the landlord's notice. The franchisor has an additional fifteen days after the tenant's cure period expires to address the default or violation. All notices to Crisp & Green must be sent via registered or certified mail to their specified address in Wayzata, Minnesota, although this address can be changed with written notice to the landlord.
Furthermore, upon a tenant's default and failure to cure under either the lease or the Franchise Agreement, Crisp & Green has the right, but not the obligation, to unilaterally accept assignment of the tenant's interest in the lease. This addendum outlines the procedures and rights of Crisp & Green in the event of a tenant default, providing them with options but not obligations to intervene.