factual

What rights does Crisp & Green license to its franchisees?

Crisp_Green Franchise · 2024 FDD

Answer from 2024 FDD Document

----------------------------| | CRISP & GREEN FRANCHISING LLC | | ("Franchisor," "we," or "us"), a Minnesota limited | | liability company, with its principal place of business located at 746 Mill Street E, Wayzata, | | Minnesota 55391, and ("Developer" or "you"), | | a(n), with its principal place of business located at | | , as | | of the date signed by us and set forth below our signature on this Agreement (the "Effective Date"). |

RECITALS:

  • A. We or our Affiliates own, operate and franchise CRISP & GREEN® branded restaurants, a wellness-driven restaurant chain featuring a selection of signature and seasonal salads, grain bowls, smoothies, and other healthy items, all made in-house from scratch with premium ingredients. The restaurant also offers free community fitness and wellness events to promote a healthy lifestyle beyond the kitchen. We have developed and own a comprehensive System for developing and operating restaurants. We license our trademark rights in "CRISP & GREEN"® and may in the future adopt, use, and license additional or substitute trademarks, service marks, logos, and commercial symbols in connection with the operation of Crisp & Green restaurants (collectively the "Marks"). CRISP & GREEN restaurants use our business methods, designs and arrangements for developing and operating restaurants, which include the Marks, building designs and layouts, equipment, ingredients, recipes, methods of preparation and specifications for authorized food products, methods of inventory control, marketing and advertising, and certain operating, service and business standards and policies, all of which we may improve, further develop or otherwise modify at any time and from time to time (all of which are collectively referred to as the "System"). As used in this Agreement, a "Restaurant" means a CRISP & GREEN restaurant that we or any of our Affiliates own, operate or franchise that use the Marks and System. Any capitalized terms used herein not otherwise defined shall have the definition assigned to them in the Franchise Agreement for your first Franchised Restaurant signed concurrently with this Agreement.
  • B. You acknowledge that you have read this Agreement and our Franchise Disclosure Document. You have conducted an independent investigation and analysis of the prospects for the establishment of Restaurants within the Development Area (as defined below), approve of the Development Schedule (as defined below) as being reasonable, viable, and essential to the potential success of your business and recognize that failure to sign a Franchise Agreement, open a Restaurant or have a cumulative number of Restaurants open and operating, according to the applicable dates set forth in the Development Schedule, give us the right, in our sole discretion, to immediately terminate this Agreement pursuant to Section 5. You recognize that the restaurant industry is highly competitive, with constantly changing market conditions. You recognize that the nature of restaurants may change over time, that an investment in a Restaurant involves business risks and that the success of the venture is largely dependent on your own business abilities, efforts and

financial resources. You have not received or relied on: (a) any guaranty or assurance, express or implied, as to the revenues, profits or success of the business venture contemplated by this Agreement; or (b) any promises that any parent company or Affiliate will back us up financially or otherwise guarantee our performance.

  • C. You and your Principal Owners, if applicable, represent and warrant to us that: (a) neither you nor any of your Principal Owners has made any untrue statement of any material fact or has omitted to state any material fact in obtaining the rights granted hereunder; (b) neither you nor any of your Principal Owners has any direct or indirect legal or beneficial interest in any business that may be deemed a Competitive Business, except as otherwise completely and accurately disclosed in your franchise application submitted to us; and (c) the execution and performance of this Agreement will not violate any other agreement to which you or of any of your Principal Owners may be bound.

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

What This Means (2024 FDD)

According to Crisp & Green's 2024 Franchise Disclosure Document, Crisp & Green or its affiliates own, operate, and franchise Crisp & Green branded restaurants. They have developed and own a comprehensive system for operating these restaurants and license their trademark rights in "CRISP & GREEN". They may also adopt, use, and license additional trademarks, service marks, logos, and commercial symbols in connection with the operation of Crisp & Green restaurants.

Crisp & Green restaurants utilize specific business methods, designs, and arrangements, including building designs and layouts, equipment, ingredients, recipes, methods of preparation, specifications for authorized food products, methods of inventory control, marketing and advertising, and certain operating, service, and business standards and policies. Crisp & Green retains 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 Development Area, whenever and wherever they desire.

Specifically, Crisp & Green reserves the rights to establish and operate Crisp & Green Restaurants outside the Development Area, even if they compete directly with the franchisee's restaurant(s), without any obligation or liability to the franchisee. They can also establish and operate Crisp & Green Restaurants or other restaurants using the System and/or Marks at Non-Traditional Sites within or outside the Development Area. Additionally, Crisp & Green can sell products or services under the Marks through alternative channels of distribution, such as the internet, kiosks, or supermarkets, and establish and operate restaurants with different trademarks, service marks, or trade dress, even within the Development Area. They also have the right to acquire businesses providing similar or dissimilar products and services and convert them to Crisp & Green Restaurants, even in the franchisee's Development Area.

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.