factual

What is the 'Approved Location' specified as under the Crepe De Licious Franchise Agreement?

Crepe_De_Licious Franchise · 2025 FDD

Answer from 2025 FDD Document

2.01 Grant of Franchise. Subject to all of the terms and conditions in this Agreement, we grant to you, and you accept, the license (“Franchise”) to use the System and the Marks in connection with the establishment and operation of a Franchised Business at a Restaurant, Kiosk, or Food Truck situated at the specific location (“Approved Location”) set forth in Attachment A to this Agreement.

2.02 Limitations on Grant.

  • (c) Location Approval by Us and Local Municipality.

The Franchise granted by this Agreement is limited to a single Restaurant, Kiosk, or Food Truck at the Approved Location.

The Restaurant or Kiosk must be located at the Approved Location.

The Food Truck must always be located within the Territory.

If a particular site has not been selected and approved at the time this Agreement is signed, Attachment A will describe the Approved Location in general terms.

ATTACHMENT A TO THE FRANCHISE AGREEMENT

APPROVED LOCATION AND TERRITORY

    1. If a particular site for the Restaurant, Kiosk, or Food Truck has been selected and approved at the time of the signing this Agreement, it shall be entered on Attachment A-1 as the Approved Location and the Approved Location shall have the Territory listed in Attachment A-1. If a particular site has not been selected and approved at the time of the signing this Agreement, Section 3 of this Attachment will describe the location in general terms below in the “General Description.” The General Description does not confer any territory rights to you and is only used for a reference. We may sell other franchised locations in the area in the General Description.
    1. After we have approved a location for your Restaurant, Kiosk, or Food Truck, we shall complete the Approved Location and the Territory in Attachment A-1. As the Territory is dependent on the location of the Restaurant, Kiosk, or Food Truck, we will present you with the Territory upon the identification of the site for the Restaurant, Kiosk, or Food Truck. If you do not wish to accept the Territory, you may choose another site location and we will present you with another Territory based on the site selected.

You have received approval for site location for the Restaurant, Kiosk, or Food Truck that satisfies the demographics and location requirements minimally necessary a Restaurant or Kiosk and that meets our minimum current standards and specifications for the build-out, interior design, layout, floor plan, signs, designs, color and décor of a Restaurant, Kiosk, Food Truck.

  • (e) to own, acquire, establish and/or operate, and license others to establish and operate, businesses using any proprietary marks or systems (including the Marks and System) at any airport, train station, other transportation facility, arena, ballpark, stadium, racetrack, other sports facility, theater, auditorium, concert hall, theme park, amusement park, cruise ship, casino, or other entertainment facility, or within any outlet mall or other regional mall, within or outside the Territory;
  • (g) to acquire and convert to the System operated by us, any businesses offering services and products similar to offered by Crepe de licious Restaurants, Kiosks, and Food Trucks, including such businesses operated by competitors or otherwise operated independently or as part of, or in association with, any other system or chain, whether franchised or corporately owned and whether located inside or outside of the Territory, provided that in such situations the newly acquired businesses may not operate under the Marks in the Territory;

Source: Item 22 — CONTRACTS (FDD page 57)

What This Means (2025 FDD)

According to Crepe De Licious's 2025 Franchise Disclosure Document, the 'Approved Location' refers to the specific site where the franchisee is authorized to operate their Restaurant, Kiosk, or Food Truck. This location is documented in Attachment A of the Franchise Agreement. If a specific site hasn't been approved when the agreement is signed, Attachment A will provide a general description of the area. Once Crepe De Licious approves a location, it will be detailed in Attachment A-1, which also specifies the territory associated with that location. The franchisee can then either accept the territory or propose an alternate site. Attachment A-1 confirms that the site location satisfies the demographic and location requirements and meets Crepe De Licious's standards for build-out, interior design, and layout.

The Franchise Agreement grants the franchisee the license to operate a Franchised Business at the Approved Location, emphasizing that the Restaurant or Kiosk must be situated at this specific location, while a Food Truck must remain within the designated Territory. This grant is subject to all terms and conditions outlined in the agreement. The franchisee's rights to use the System and Marks are tied to this Approved Location, and they cannot operate outside of it without violating the agreement.

Crepe De Licious retains certain rights within the franchisee's territory, including the right to operate businesses using their marks or systems at transportation facilities, entertainment venues, or malls, and to implement multi-area marketing programs. They can also acquire and convert businesses, even those competing with Crepe De Licious, to their system, provided these newly acquired businesses do not operate under the Crepe De Licious Marks within the franchisee's territory. These rights are reserved by Crepe De Licious without any obligation to compensate the franchisee, highlighting the importance of understanding the limitations and potential competitive activities within the granted territory.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.