What does Crisp & Green provide to assist in locating and developing an appropriate site?
Crisp_Green Franchise · 2024 FDDAnswer from 2024 FDD Document
-(1) Describe your preliminary designated area and your designated area (Franchise Agreement Sections 2.02 and 3.02).
(2) Review and make a decision regarding approval of sites for your Franchised Restaurant. (Franchise Agreement Sections 3.02 and 14.02).
After we have executed the Franchise Agreement, and after you have submitted a proposed site for the Franchised Restaurant which we have approved, you may proceed to negotiate the lease, sublease, or purchase agreement for the site.
You must provide the lease, sublease, or purchase agreement to us for our consideration and approval or disapproval prior to signing.
Although we may in some circumstances provide you with assistance in negotiating a lease or sublease, we are under no obligation to do so.
If you lease the site, the lease must contain terms that are reasonably acceptable to us, and you and the landlord will be required to execute our standard lease addendum, the form of which is attached as Exhibit C to the Franchise Agreement.
Neither we nor our affiliates generally own the sites at which Restaurants are operated, which means you will be negotiating with independent third parties relating to the lease, sublease, or purchase of the site for your Franchised Restaurant. (Franchise Agreement Sections 3.02 and 3.03).
- (4) Provide you with sample floor plans and layouts for a Restaurant to assist you in locating and developing an appropriate site.
These sample materials are intended to assist you in working with contractors and vendors to build out your Franchised Restaurant according to our Standards.
The sample materials are not designed to meet all requirements of federal, state, or local laws or regulations that might apply to your Franchised Restaurant; you will be solely responsible for ensuring that the design and construction or remodeling of your Franchised Restaurant meets with all requirements of such laws and regulations, including any local zoning or environmental regulations, ordinances, building codes, permit requirements, and lease restrictions.
It is your responsibility to prepare all required construction and remodeling plans and specifications to suit your Franchised Restaurant and to construct, remodel and decorate the premises.
You must submit all site surveys, construction and remodeling plans, and specifications to us for our approval before beginning build-out for the Franchised Restaurant and all revised or "as built" plans and specifications during construction and development.
We have a required architectural vendor who you must use for the creation of the architectural plans for your Franchised Restaurant.
You must obtain a site survey from one of our approved vendors.
We may, but are not required to, periodically inspect the site during its development. (Franchise Agreement – Section 3.04).
Under the Area Development Agreement: Before you open your Franchised Restaurant:
- (1) We will approve or deny your proposed site for each Franchised Restaurant. (Area Development Agreement Section 3.B.3).
- (2) We will use reasonable efforts to help analyze your market area, to help determine site feasibility, and to assist in designating the location as we deem appropriate. (Area Development Agreement Section 3.B.3).
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS, AND TRAINING (FDD pages 33–44)
What This Means (2024 FDD)
According to the 2024 Crisp & Green Franchise Disclosure Document, Crisp & Green provides franchisees with assistance in site selection and development. Specifically, Crisp & Green will describe the preliminary designated area and designated area for the franchise. They will also review and make decisions regarding the approval of potential sites for the Franchised Restaurant. Franchisees must submit the lease, sublease, or purchase agreement to Crisp & Green for consideration and approval before signing. While Crisp & Green may offer assistance in negotiating a lease or sublease, they are not obligated to do so.
Crisp & Green also provides sample floor plans and layouts to assist franchisees in locating and developing an appropriate site. However, it is the franchisee's responsibility to ensure the design and construction of the restaurant meet all applicable laws and regulations. Franchisees are responsible for preparing all required construction and remodeling plans and must submit site surveys, construction plans, and specifications to Crisp & Green for approval before starting the build-out.
Furthermore, Crisp & Green requires franchisees to use their approved architectural vendor for creating architectural plans and to obtain a site survey from one of their approved vendors. Crisp & Green may periodically inspect the site during development, though they are not required to do so. Under the Area Development Agreement, Crisp & Green will approve or deny the proposed site for each Franchised Restaurant and use reasonable efforts to help analyze the market area, determine site feasibility, and assist in designating the location as they deem appropriate.