What does Crisp & Green's site approval indicate?
Crisp_Green Franchise · 2024 FDDAnswer from 2024 FDD Document
our Affiliates in connection with our reserved rights under this Section 2.03.
3. DEVELOPMENT OF THE FRANCHISED RESTAURANT.
3.01 Site Acceptance Disclaimer. You acknowledge and agree that, if we suggest, approve, or give you information regarding a site for the Premises or a Crisp & Go Location, our action is not a representation or warranty of any kind, express or implied, of the site's suitability for a Restaurant, Crisp & Go Location, or any other purpose. We do not represent that we, or any of our Affiliates, owners, employees or agents, have special expertise in selecting sites. Our action indicates only that we believe that the site meets our then acceptable criteria and not that the Franchised Restaurant will be profitable or
successful at the Premises. Applying criteria that have appeared effective with other sites and premises might not accurately reflect the potential for all sites and premises, and demographic and/or other factors included in or excluded from our criteria could change, altering the potential of a site and premises. The uncertainty and instability of these criteria are beyond our control, and we are not responsible if a site and premises we suggest or approve for the location of a Restaurant fails to meet your expectations. Accordingly, you acknowledge and agree that your acceptance of the franchise for a Restaurant pursuant to this Agreement is based on your own independent investigation of the site's suitability for the Premises.
In consideration of our acceptance of the Premises, you and your Principal Owners release us, and our Affiliates, managers, officers, directors, governors, employees and agents from any and all loss, damage and liability arising from or in connection with the selection and/or acceptance of the Premises for development as a Restaurant.
Source: Item 23 — RECEIPTS (FDD pages 66–252)
What This Means (2024 FDD)
According to Crisp & Green's 2024 Franchise Disclosure Document, if the franchisor suggests, approves, or provides information about a site for the franchise location, it does not constitute a representation or warranty of any kind regarding the site's suitability. This means that Crisp & Green does not guarantee the site will be profitable or successful. Their approval only indicates that the site meets their then-acceptable criteria.
Crisp & Green emphasizes that the criteria they use, even if effective at other locations, might not accurately predict the potential of all sites. Factors considered in their criteria can change, affecting a site's potential. The document makes it clear that these uncertainties are beyond Crisp & Green's control, and they are not liable if a site they suggest or approve fails to meet a franchisee's expectations.
Therefore, as a prospective Crisp & Green franchisee, you must conduct your own independent investigation of the site's suitability. By accepting the franchise, you acknowledge that your decision is based on your own assessment, not on any guarantee from Crisp & Green. Furthermore, upon Crisp & Green's acceptance of the premises, the franchisee releases Crisp & Green from any liability related to the site selection and acceptance.