Under what conditions can the Operating Partner also be the General Manager for a Crisp & Green franchise?
Crisp_Green Franchise · 2024 FDDAnswer from 2024 FDD Document
8.03 Operating Partner; General Manager; Approved Operator. If you are, or at any time become, an Entity, you must designate in Exhibit A the "Operating Partner." You may not change the Operating Partner without our prior written consent.
You must designate an individual, subject to our approval, to serve as the "General Manager" for your Franchised Restaurant. If you are an Entity, unless we have agreed otherwise, your Operating Partner will be your General Manager. The General Manager shall be responsible for the daily operation of the Franchised Restaurant and may be a Principal Owner. The General Manager must be your employee subject to your direction (and consequently will never be deemed to be our employee or agent). The General Manager shall (a) exert full-time, best efforts to the development and operation of the Franchised Restaurant and all other Restaurants you own; (b) complete our training program to our satisfaction before engaging in his or her operational duties; (c) have the authority to make, and bind you to, all operational decisions regarding the Franchised Restaurant; and (d) not engage in any other business or activity, directly or indirectly, that requires substantial management responsibility or time commitments or otherwise may conflict with the General Manager's obligations hereunder.
Source: Item 23 — RECEIPTS (FDD pages 66–252)
What This Means (2024 FDD)
According to Crisp & Green's 2024 Franchise Disclosure Document, if the franchisee is an entity, the Operating Partner will be the General Manager unless Crisp & Green has agreed otherwise. The General Manager is responsible for the daily operation of the franchised restaurant.
The General Manager must be an employee of the franchisee and subject to the franchisee's direction, and cannot be considered an employee or agent of Crisp & Green. The General Manager must exert full-time effort to develop and operate the franchised restaurant and any other restaurants the franchisee owns.
Furthermore, the General Manager must complete Crisp & Green's training program to their satisfaction before starting operational duties. The General Manager has the authority to make operational decisions for the franchised restaurant and must not engage in any other business or activity that requires substantial management responsibility or time commitments that could conflict with their obligations as General Manager.