Does the Crisp & Green Maryland addendum specify any financial thresholds related to the franchise?
Crisp_Green Franchise · 2024 FDDAnswer from 2024 FDD Document
s under any applicable state franchise law, including fraud in the inducement, or (ii) disclaiming reliance on any statement made by any franchisor, franchise seller, or other person acting on behalf of the franchisor. This provision supersedes any other term of any document executed in connection with the franchise.
Each provision of this Addendum shall be effective only to the extent, with respect to such provision, that the jurisdictional requirements of the Indiana Deceptive Franchise Practices Law are met independently without reference to this Addendum to the Disclosure Document.
ADDENDUM TO CRISP & GREEN FRANCHISING LLC FRANCHISE DISCLOSURE DOCUMENT FOR THE STATE OF MARYLAND
In recognition of the requirements of the Maryland Franchise Registration and Disclosure Law, Maryland Code of Business Regulation §§ 14-201 - 14-233, the Franchise Disclosure Document for Crisp & Green in connection with the offer and sale of franchises for use in the State of Maryland shall be amended to include the following:
- Item 17, "Renewal, Termination, Transfer and Dispute Resolution," shall be amended by the addition of the following language:
The general release language required as a condition of renewal, sale and/or assignment or transfer will not apply to claims arising under the Maryland Franchise Registration and Disclosure Law.
Although the franchise agreement and area development agreement require litigation to be held in the city where our principal executive office is located, you may sue in Maryland for claims arising under the Maryland Franchise Registration and Disclosure Law, subject to the mediation and arbitration provisions of the franchise agreement and area development agreement.
The franchise agreement and area development agreement provide for termination upon your bankruptcy. This provision might not be enforceable under federal bankruptcy law (11. U.S.C. Sections 101 et seq.), but we will enforce it to the extent enforceable.
Any claims arising under the Maryland Franchise Registration and Disclosure Law must be brought within three years after the grant of your franchise.
To the extent that any provisions of the franchise agreement or area development agreement require you to assent to any release, estoppel or waiver of liability as a condition to your purchasing a franchise, such provisions are not intended to nor shall they act as a release, estoppel or waiver of any liability under the Maryland Franchise Registration and Disclosure Law.
- Item 17(v) and (w) are modified by the insertion of the following:
"Any Franchisee may sue in Maryland for claims arising under the Maryland Franchise Registration and Disclosure Law."
3.
Source: Item 23 — RECEIPTS (FDD pages 66–252)
What This Means (2024 FDD)
According to the 2024 Crisp & Green Franchise Disclosure Document, the Maryland addendum does not specify any financial thresholds related to the franchise. The addendum primarily addresses legal considerations specific to Maryland franchise law.
The Maryland addendum to the Crisp & Green Franchise Disclosure Document includes stipulations regarding claims arising under the Maryland Franchise Registration and Disclosure Law. It clarifies that general release language required as a condition of renewal, sale, or transfer will not apply to these claims. Additionally, franchisees may sue in Maryland for claims arising under this law, despite the standard requirement for litigation to occur where Crisp & Green's principal executive office is located. The addendum also addresses the enforceability of termination clauses related to bankruptcy under federal law.
Another section of the addendum revises the Area Development Agreement for Maryland franchisees, stating that termination upon bankruptcy might not be enforceable under the U.S. Bankruptcy Act. It also allows franchisees to bring lawsuits in Maryland for claims arising under the Maryland Franchise Registration and Disclosure Law, with a three-year limitation after the grant of the franchise to bring such claims. These revisions aim to ensure that Maryland franchisees' rights are protected under state law, providing specific legal avenues and limitations.
Prospective Crisp & Green franchisees in Maryland should consult with a legal professional to fully understand the implications of these state-specific addenda and how they interact with the standard franchise agreement. This will help ensure they are aware of their rights and obligations under Maryland law.