Are there any exceptions to the site selection criteria for a Crisp & Green franchise?
Crisp_Green Franchise · 2024 FDDAnswer from 2024 FDD Document
You must operate the Franchised Restaurant at a location that meets our site selection requirements and that we have approved. If we have approved a site for your Franchised Restaurant at the time you
execute the Franchise Agreement, we will specify the site as the premises for your Franchised Restaurant in the Franchise Agreement at the time you sign the Franchise Agreement. In all other cases, the Franchise Agreement will describe a preliminary designated area and you will be responsible for identifying a site within the preliminary designated area that meets our approval. Upon our approval of the site, we will designate the site as the premises for your Franchised Restaurant in the Franchise Agreement. If you utilize a broker to identify a location, you will be responsible for any costs associated therewith. We will not unreasonably withhold our approval of a site that meets our then-current criteria for demographic characteristics; traffic patterns; parking; character of the neighborhood; competition from, proximity to, and nature of other businesses; other commercial characteristics; and the proposed site's size, appearance, and other physical characteristics.
We must approve of the lease, sublease, or purchase contract (which we refer to as the site acquisition document) for the premises of your Franchised Restaurant before you sign such document. If you lease the premises, the lease must contain the terms and provisions that are reasonably acceptable to us, and you and the landlord must execute the standard form of lease addendum (attached as Exhibit C to the Franchise Agreement). Within 10 days after our approval of the site acquisition document, you must send us the fully signed site acquisition document, together with the signed lease addendum, if applicable, for the premises. You may not relocate the Franchised Restaurant without our prior approval.
Source: Item 8 — RESTRICTIONS ON SOURCES OF PRODUCTS AND SERVICES (FDD pages 26–31)
What This Means (2024 FDD)
According to the 2024 Crisp & Green Franchise Disclosure Document, there are no explicitly stated exceptions to the site selection criteria. The FDD states that a prospective franchisee must operate the Franchised Restaurant at a location that meets Crisp & Green's site selection requirements, which must be approved by them.
The FDD outlines the site selection process, indicating that if a site is approved at the time of signing the Franchise Agreement, it will be specified in the agreement. Otherwise, the franchisee is responsible for identifying a site within a preliminary designated area that meets Crisp & Green's approval. The franchisor states that they will not unreasonably withhold approval of a site that meets their criteria for demographic characteristics; traffic patterns; parking; character of the neighborhood; competition from, proximity to, and nature of other businesses; other commercial characteristics; and the proposed site's size, appearance, and other physical characteristics.
Furthermore, Crisp & Green must approve the lease, sublease, or purchase contract for the premises before the franchisee signs it, and the lease must contain terms reasonably acceptable to them, including the execution of a standard lease addendum. The franchisee cannot relocate without prior approval. While the FDD does not detail specific exceptions, the language suggests that Crisp & Green retains significant control over site selection, emphasizing compliance with their standards and approval processes.