Under what conditions will Crisp & Green refrain from developing or franchising a Crisp & Green Restaurant to others within the Development Area?
Crisp_Green Franchise · 2024 FDDAnswer from 2024 FDD Document
erritory described in the Rider (the "Development Area").
- B. You agree to be bound by the "Development Schedule" set forth in the Rider. Time is of the essence for the development of each Franchised Restaurant under this Agreement and for the signing of each Franchise Agreement as set forth in the Development Schedule. Each Franchised Restaurant must be developed and operated by you under a separate Franchise Agreement that you enter into with us.
- C. Unless otherwise indicated in the Rider and except as set forth in Section D below or otherwise in this Agreement, if you are in compliance with this Agreement and any and all Franchise Agreement(s) you have with us, we will not develop or operate—or grant anyone else a franchise to develop and operate—a CRISP & GREEN Restaurant from any location
in the Development Area before the earlier of: (i) the expiration or termination of this Agreement; and (ii) the date on which you must sign the Franchise Agreement for your last Franchised Restaurant under the terms of the Development Schedule. Notwithstanding anything in this Agreement, when the earliest of the above events occurs: (i) the Development Area will expire; and (ii) we will be entitled to develop and operate—or to franchise others to develop and operate—CRISP & GREEN Restaurants from locations in the Development Area, except as may be otherwise provided under any Franchise Agreement that has been signed between us and you and that has not been terminated.
Source: Item 23 — RECEIPTS (FDD pages 66–252)
What This Means (2024 FDD)
According to Crisp & Green's 2024 Franchise Disclosure Document, the franchisor grants the developer the right to develop and operate the number of Crisp & Green restaurants identified in the Rider, using the Marks and System and operating within the territory described in the Rider (the "Development Area").
Crisp & Green will not develop or operate—or grant anyone else a franchise to develop and operate—a Crisp & Green Restaurant from any location in the Development Area if the developer is in compliance with the Development Agreement and any and all Franchise Agreement(s) they have with Crisp & Green. This abstention lasts until the earlier of the expiration or termination of the Development Agreement, or the date on which the developer must sign the Franchise Agreement for their last Franchised Restaurant under the terms of the Development Schedule.
However, Crisp & Green retains all rights and discretion with respect to the Marks, the System, the sale of products and services similar or dissimilar to those offered by Crisp & Green Restaurants, and the operation or franchising of Crisp & Green Restaurants anywhere located or to be located, and may engage in any business activities whatsoever, within or outside the Development Area, whenever and wherever they desire.