Under what condition is each provision of the Crisp & Green FDD addendum for Virginia effective?
Crisp_Green Franchise · 2024 FDDAnswer from 2024 FDD Document
Each provision of this Addendum to the Franchise Disclosure Document shall be effective only to the extent, with respect to such provision, that the jurisdictional requirements of the Virginia Retail Franchising Act are met independently, without reference to this Addendum to the Franchise Disclosure Document, and only to the extent such provision is a then valid requirement of the statute.
Source: Item 23 — RECEIPTS (FDD pages 66–252)
What This Means (2024 FDD)
According to the 2024 Crisp & Green Franchise Disclosure Document, each provision within the addendum is effective only if the jurisdictional requirements of the Virginia Retail Franchising Act are independently satisfied, without relying on the addendum itself. Additionally, the provision must be a valid requirement of the statute at that time.
This means that the protections and modifications outlined in the addendum only apply if the Virginia Retail Franchising Act already covers the specific situation, regardless of the addendum's existence. For example, if a clause in the standard Crisp & Green franchise agreement is found unenforceable under Virginia law, the addendum reinforces that state law prevails.
For a prospective Crisp & Green franchisee in Virginia, this condition highlights the importance of understanding the Virginia Retail Franchising Act. Franchisees should consult with a legal professional to ensure they fully understand their rights and obligations under Virginia law, as the addendum's provisions are only effective to the extent that they align with and are supported by existing Virginia statutes.