Must the agreement on the Approved Location for a Crepe De Licious franchise be in writing?
Crepe_De_Licious Franchise · 2025 FDDAnswer from 2025 FDD Document
You must purchase or lease a retail space for your Restaurant or Kiosk which meets our standards and specifications for a Crepe de licious Restaurant or Kiosk ("Approved Location"). We must approve your Approved Location and lease terms before you sign a lease for a location. The Franchise Agreement for your Crepe de licious Franchise grants you the non-exclusive right to operate one Crepe de licious Restaurant or Kiosk from the Approved Location, or a Food Truck within the Territory. If you have not identified an Approved Location for your Restaurant or Kiosk when you sign the Franchise Agreement, as is typically the case, you and we will agree on the Approved Location in writing and amend the Franchise Agreement after you select and we approve the Approved Location. Although we may assist you in selecting a location for your Restaurant, Kiosk, or Food Truck, you are solely responsible for selecting the Approved Location and negotiating the lease or purchase term. You are not guaranteed any specific approved location, and you may not be able to obtain your top choice as your Approved Location. The Approved Location for your Restaurant, Kiosk, or Food Truck will be located within a specific area ("Territory"). The Territory is determined based on the geographic area and population properties within that area and other relevant demographic characteristics and will typically be at least a five mile radius around your Restaurant or Kiosk but will be an assigned list of zip codes for a Food Truck. You will not receive an exclusive territory. You may face competition from other franchisees, from outlets that we own, or from other channels of distribution or competitive brands that we control. You may also face competition from third party delivery or ghost kitchens related to or utilized by our franchise system. You may not sell products or services, or advertise products or services, within another franchisee's Territory. The Approved Location for a food truck will be located within a specific Territory based on zip codes and will vary depending on the specific market. There may be other specific territorial restrictions
Source: Item 12 — TERRITORY (FDD pages 40–43)
What This Means (2025 FDD)
According to Crepe De Licious's 2025 Franchise Disclosure Document, the agreement on the Approved Location must be in writing. The FDD states that if a franchisee has not identified an Approved Location when signing the Franchise Agreement, which is typical, the franchisee and Crepe De Licious will agree on the Approved Location in writing. This agreement will then be formalized through an amendment to the Franchise Agreement.
This requirement ensures that both the franchisee and Crepe De Licious have a clear, documented understanding of the specific location where the franchise will operate. This written agreement helps to avoid potential disputes or misunderstandings regarding the location's suitability and compliance with Crepe De Licious's standards. The franchisee is responsible for selecting the Approved Location and negotiating the lease or purchase terms, although Crepe De Licious may provide assistance in the selection process.
It is important to note that the franchisee is not guaranteed any specific approved location and may not be able to secure their top choice. The Approved Location will be within a defined Territory, typically a five-mile radius around the Restaurant or Kiosk, but this can vary for a Food Truck, which will have an assigned list of zip codes. Franchisees should carefully consider potential locations and lease terms, understanding that Crepe De Licious's approval is required before finalizing any lease agreements. This process ensures that all locations meet the brand's standards and specifications.
If a franchisee needs to relocate their Crepe De Licious franchise due to lease expiration, termination without fault, or if the site becomes unusable, they can relocate to a new site acceptable to Crepe De Licious. However, this relocation requires paying a $2,500 relocation fee and adhering to the site selection and lease provisions outlined in the Franchise Agreement. Relocation for other reasons is subject to Crepe De Licious's approval, which may be withheld at their discretion. This relocation policy does not apply to Food Trucks.