factual

What kind of assistance does Crisp & Green provide in designating the location for a potential Crisp & Green franchise?

Crisp_Green Franchise · 2024 FDD

Answer from 2024 FDD Document

e the System at any site other than the Premises, or relocate the Franchised Restaurant, without our prior written consent.

2.02 Your Designated Area. The Preliminary Designated Area identified on Exhibit B, if any, is the general location where you intend to secure the Premises for the Franchised Restaurant. If a Preliminary Designated Area is specified in Exhibit B, we will not grant anyone else the right to develop or operate a CRISP & GREEN Restaurant in the Preliminary Designated Area for 60 days from the Effective Date of this Agreement. Once the Premises has been approved by us, you hereby authorize us to define in Exhibit B a "Designated Area" around the Premises; provided that such Designated Area will generally consist of a geographic area illustrated on a map whose boundaries will be designated based on our current criteria for size, demographics, and topographical features. Once defined in Exhibit B, your Designated Area will remain constant throughout the initial Term of this Agreement (unless you relocate the Franchised Restaurant and upon renewal or transfer). During the Term, and subject to the following Section 2.03, we will not establish (directly or through an Affiliate), or grant to a third party the right to establish, a CRISP & GREEN Restaurant physically located within your Designated Area. You acknowledge and agree that we and our Affiliates have the right to develop and operate and grant others the right to develop and operate CRISP & GREEN Restaurants outside the Designated Area, regardless of their proximity to the Designated Area or any negative impact they may have on your Franchised Restaurant.

2.03 Our Reservation of Rights. Other than as set forth in Section 2.02 above, we and our Affiliates (and our respective successors and assigns, by purchase, merger, consolidation or otherwise) retain all rights and discretion with respect to the Marks, the System, the sale of products and services similar or dissimilar to those offered by CRISP & GREEN Restaurants, and the operation or franchising of CRISP & GREEN Restaurants anywhere located or to be located, and may engage in any business activities whatsoever, within or outside the Designated Area, whenever and wherever we desire. Specifically, by way of example and without limitation, we reserve the following rights: (a) to establish and

operate, and grant to others the right to operate, CRISP & GREEN Restaurants physically located outside the Designated Area, on such terms and conditions as we deem appropriate (you acknowledge that such CRISP & GREEN Restaurants may be in direct competition with your Franchised Restaurant, without regard to any adverse effects of such activities on your Franchised Restaurant and without any obligation or liability to you), which includes the right of us and others to perform Catering Services or Delivery Services in your Designated Area; (b) to establish and operate, and grant to others the right to operate, CRISP & GREEN Restaurants, or other restaurants using any part or all of the System and/or Marks, that are located at or operated from Non-Traditional Sites within or outside the Designated Area; (c) to sell any products or services under the Marks or under any other trademarks, service marks or trade dress, through alternative channels of distribution, wherever located or operating (including, without limitation, the internet or similar electronic media and physical outlets like kiosks, convenience stores or supermarkets); (d) to establish and operate, and grant to others the right to operate, restaurants identified by trademarks, service marks or trade dress, other than the Marks (including the CRISP & GREEN name and mark), pursuant to such terms and conditions as we deem appropriate and wherever such restaurants are located, which restaurants may be located within the Designated Area; (e) to acquire the assets or ownership interests of one or more businesses providing products and services similar or dissimilar to those provided at CRISP & GREEN Restaurants, and to franchise, license or create similar arrangements with respect to these businesses once acquired, and which businesses we may (at our sole discretion, and without obligation) convert, or allow to be converted, to operations as CRISP & GREEN Restaurants using any of the Marks and/or the System, wherever these businesses (or the franchisees or licensees of these businesses) are located or operating (including in your Designated Area, if applicable); and (f) to be acquired (whether through acquisition of assets, ownership interests or otherwise, regardless of the form of transaction), by a business providing products and services similar to those provided at CRISP & GREEN Restaurants, o

Source: Item 23 — RECEIPTS (FDD pages 66–252)

What This Means (2024 FDD)

According to the 2024 Crisp & Green Franchise Disclosure Document, Crisp & Green provides assistance in designating a location for a potential franchise through a Preliminary Designated Area. This area is identified as the general location where the franchisee intends to secure the premises for their restaurant. If a Preliminary Designated Area is specified, Crisp & Green will not grant anyone else the right to develop or operate a Crisp & Green restaurant in that area for 60 days from the agreement's effective date.

Once the premises is approved by Crisp & Green, the franchisee authorizes Crisp & Green to define a Designated Area around the premises. This Designated Area will consist of a geographic area illustrated on a map, with boundaries designated based on Crisp & Green's criteria for size, demographics, and topographical features. Once defined, the Designated Area remains constant throughout the initial term of the agreement, unless the franchisee relocates the restaurant.

During the term of the agreement, Crisp & Green will not establish or grant to a third party the right to establish a Crisp & Green restaurant physically located within the franchisee's Designated Area. However, Crisp & Green and its affiliates retain the right to develop and operate Crisp & Green restaurants outside the Designated Area, regardless of their proximity to the franchisee's restaurant or any potential negative impact. This includes the right to perform catering or delivery services in the franchisee's Designated Area.

Prospective franchisees should understand that while they receive an exclusive territory, Crisp & Green retains significant rights to operate and franchise outside of it. This could lead to competition from other Crisp & Green locations or alternative channels of distribution. Franchisees should carefully consider these factors and conduct thorough market research to assess the potential impact on their business.

Disclaimer: This information is extracted from the 2024 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.