What is considered 'Confidential Information' for a Crepe De Licious franchise?
Crepe_De_Licious Franchise · 2025 FDDAnswer from 2025 FDD Document
imit using our Copyrighted Works.
Our Operations Manual, electronic information and communications, sales and promotional materials, the development and use of our System, standards, specifications, policies, procedures, information, concepts and systems on, knowledge of, and experience in the development, operation, and franchising of Crepe de licious Franchises, our training materials and techniques, information concerning product and service sales, operating results, our proprietary recipes and cooking methods, financial performance, and other financial data of Crepe de licious Franchises, and other related materials are proprietary and confidential ("Confidential Information"), and are considered our property to be used by you only as described in the Franchise Agreement and the Operations Manual. Where appropriate, certain information has also been identified as trade secrets ("Trade Secrets"). You must maintain the confidentiality of our Confidential Information and Trade Secrets and adopt reasonable procedures to prevent unauthorized disclosure of our Confidential Information and Trade Secrets.
We will disclose parts of the Confidential Information and Trade Secrets to you as we deem necessary or advisable for the development of your Crepe de licious Franchise during training and in guidance and assistance furnished to you under the Franchise Agreement, and you may learn or obtain from us additional Confidential Information and Trade Secrets during the term of the Franchise Agreement. The Confidential Information and Trade Secrets are valuable assets of ours and are disclosed to you on the condition that you, and your owners if you are a business entity, and employees agree to maintain the information in confidence by entering into a confidentiality agreement that we can enforce. Nothing in the
Franchise Agreement will be construed to prohibit you from using the Confidential Information or Trade Secrets in the operation of other Crepe de licious Franchises during the term of the Franchise Agreement.
You must notify us within three days after you learn about another's use of language, a visual image, or a recording of any kind, that you perceive to be identical or substantially similar to one of our Copyrighted Works or use of our Confidential Information or Trade Secrets, or if someone challenges your use of our Copyrighted Works, Confidential Information, or Trade Secrets. We will take whatever action we deem appropriate, in our sole and absolute discretion, to protect our rights in and to the Copyrighted Works, Confidential Information, or Trade Secrets, which may include payment of reasonable costs associated with the action. However, the Franchise Agreement does not require us to take affirmative action in response to any apparent infringement of or challenge to your use of any Copyrighted Works, Confidential Information, or Trade Secrets, or claim by any person of any rights in any Copyrighted Works, Confidential Information, or Trade Secrets. You must not directly or indirectly contest our rights to our Copyrighted Works, Confidential Information, or Trade Secrets. You may not communicate with anyone except us, our counsel, or our designees regarding any infringement, challenge, or claim. We will take action as we deem appropriate regarding any infringement, challenge, or claim, and the sole right to control exclusively any litigation or other proceeding arising out of any infringement, challenge, or claim under any Copyrighted Works, Confidential Information, or Trade Secrets. You must sign any and all instruments and documents, give the assistance, and do acts and things that may, in the opinion of our counsel, be necessary to protect and maintain our interests in any litigation or proceeding or to protect and maintain our interests in the Copyrighted Works, Confidential Information, or Trade Secrets.
No patents or patents pending are material to us at this time.
We have the right to inspect, copy, and use all records with respect to the customers, suppliers, and other services providers of, and related in any way to, your Crepe de licious Franchise.
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 45–46)
What This Means (2025 FDD)
According to Crepe De Licious's 2025 Franchise Disclosure Document, Confidential Information includes a wide array of proprietary materials and knowledge essential to the operation of a Crepe De Licious franchise. This encompasses the Operations Manual, which contains proprietary information protected by copyright laws. It also extends to electronic information and communications, sales and promotional materials, and the overall system used for developing and operating Crepe De Licious franchises. This definition covers standards, specifications, policies, procedures, information, concepts, and systems related to the franchise.
Furthermore, Confidential Information includes the knowledge and experience gained in developing, operating, and franchising Crepe De Licious locations. Training materials and techniques, data concerning product and service sales, operating results, proprietary recipes and cooking methods, financial performance, and other financial data from Crepe De Licious franchises are also considered confidential. The FDD states that these materials are the property of Crepe De Licious and should only be used as described in the Franchise Agreement and Operations Manual. Certain information may also be identified as trade secrets, which require an even higher level of confidentiality.
As a franchisee, you are obligated to maintain the confidentiality of both the Confidential Information and Trade Secrets. This includes adopting reasonable procedures to prevent any unauthorized disclosure. Franchisees must also notify Crepe De Licious within three days if they become aware of any unauthorized use of their Copyrighted Works, Confidential Information, or Trade Secrets. Crepe De Licious retains the right to take any action it deems necessary to protect its rights, and franchisees are prohibited from contesting Crepe De Licious's rights to these protected items. Franchisees must also disclose any ideas, techniques, and products concerning the development and operation of their Crepe De Licious franchise that they or their employees conceive or develop during the term of the Franchise Agreement, granting Crepe De Licious a perpetual, non-exclusive, and worldwide right to use these innovations without any obligation for payment.