What aspects of the Crepe De Licious mediation process are treated as confidential?
Crepe_De_Licious Franchise · 2025 FDDAnswer from 2025 FDD Document
11. CONFIDENTIAL INFORMATION
11.01 Confidential Information. We possess certain non-public trade secrets, proprietary information, technical data, or know-how which relate to our business, System, services or items, or to a Franchised Business, including the Operations Manual, System Standards, quality-control systems, training materials, and information regarding salary, research, recipes, proprietary items and services, developments, inventions, processes, techniques, designs, marketing, finances, and operations (collectively, "Confidential Information") that we will provide to you. You will also obtain other Confidential Information during the term of this Agreement. You acknowledge that your entire knowledge of the operation of a crepe-based restaurant, kiosk, or Food Truck, including the method of establishing this type of unit, preparing crepe-based dishes, gelato, and related items, and marketing this type of unit, and the related specifications, standards, and procedures involved in the operation of a Restaurant, Kiosk, or Food Truck are derived solely from Confidential Information we disclosed (or will disclose) to you.
11.02 Protection of Confidential Information and Data. You will use the Confidential Information only in the operation of the Franchised Business, and you will not disclose Confidential Information to others, except as expressly authorized by this Agreement. You will take all appropriate actions to preserve the confidentiality of all Confidential Information, including keeping the Operations Manual in a locked location. Access to Confidential Information must be limited to only your employees who need the Confidential Information to perform their jobs and who are subject to your general policy on maintaining confidentiality as a condition of employment or who have first signed our Confidentiality and Non-Competition Agreement. You will not copy or permit copying of Confidential Information. Your obligations under this section begin when you sign this Agreement and continue for trade secrets as long as they remain secret, and, for other Confidential Information, for as long as we continue to use the information in confidence (even if edited or revised) plus three (3) years. We will respond promptly and in good faith to any inquiry by you about continued protection of any Confidential Information.
Source: Item 22 — CONTRACTS (FDD page 57)
What This Means (2025 FDD)
Based on the 2025 Crepe De Licious Franchise Disclosure Document, the confidentiality of information is a key aspect of the franchise agreement. Specifically, Crepe De Licious emphasizes the protection of its non-public trade secrets, proprietary information, technical data, and know-how, which are collectively termed "Confidential Information." This includes the Operations Manual, System Standards, quality-control systems, training materials, and details regarding salary, research, recipes, proprietary items, developments, inventions, processes, techniques, designs, marketing, finances, and operations.
The agreement mandates that franchisees use this Confidential Information solely for operating their Franchised Business and prohibits unauthorized disclosure to others. Franchisees must take appropriate measures to maintain confidentiality, such as keeping the Operations Manual in a secure location and limiting access to employees who need the information for their jobs and who have signed a confidentiality agreement. Copying of Confidential Information is strictly prohibited.
The franchisee's obligation to protect Confidential Information begins upon signing the agreement and continues indefinitely for trade secrets, as long as they remain secret. For other Confidential Information, the obligation lasts as long as Crepe De Licious continues to use the information in confidence, even if it is edited or revised, plus an additional three years. Crepe De Licious commits to responding promptly and in good faith to any franchisee inquiries regarding the continued protection of Confidential Information.
This emphasis on confidentiality is typical in franchising to protect the brand's competitive advantage and proprietary systems. Prospective Crepe De Licious franchisees should understand the scope of information considered confidential and the measures required to safeguard it, as breaches can lead to legal and financial repercussions.