Does Crisp & Green specify what constitutes 'good faith' in the context of a franchisee's maintenance program?
Crisp_Green Franchise · 2024 FDDAnswer from 2024 FDD Document
- Section 7 of the Area Development Agreement is revised to include the following:
Franchisor will not make an assignment except to an assignee who, in Franchisor's good faith judgment, is willing and able to assume its obligations under the Agreement.
Source: Item 23 — RECEIPTS (FDD pages 66–252)
What This Means (2024 FDD)
The 2024 Crisp & Green Franchise Disclosure Document (FDD) does not provide a specific definition of 'good faith' within the context of a franchisee's maintenance program. However, the term 'good faith' is referenced in the context of the franchisor's assignment of the Area Development Agreement.
Specifically, the FDD states that Crisp & Green will not make an assignment except to an assignee who, in Crisp & Green's good faith judgment, is willing and able to assume its obligations under the Agreement. This implies that Crisp & Green must genuinely believe that the assignee is capable of fulfilling the obligations outlined in the Area Development Agreement.
While this provides some context for the use of 'good faith,' it does not directly address what constitutes 'good faith' in relation to a franchisee's maintenance program. A prospective franchisee should seek clarification from Crisp & Green regarding the specific standards and expectations for maintenance and how 'good faith' applies to those obligations.