Who is considered a 'Franchisee' under the Crepe De Licious Confidentiality Agreement?

According to Crepe De Licious's 2025 Franchise Disclosure Document, the definition of "Franchisee" varies depending on the specific agreement in question. In the context of the System Protection Agreement, a "Franchisee" refers to the Crepe De Licious franchisee for whom an individual is either a manager or an officer. However, in another instance, the term "Franchisee" is defined more broadly to include any Crepe De Licious franchisee for whom an individual is an employee, independent contractor, agent, representative, or supplier.

This distinction is important because the obligations and restrictions placed on individuals under the System Protection Agreement depend on their relationship to the franchisee. Managers and officers are subject to certain confidentiality and non-compete obligations to protect Crepe De Licious's intellectual property and system. The System Protection Agreement is designed to prevent individuals with access to Crepe De Licious's confidential information from using that information to compete with the franchisor or other franchisees.

Prospective franchisees should carefully review the System Protection Agreement and related definitions to understand the scope of these obligations and how they apply to their employees, contractors, agents, representatives, or suppliers. It is essential to ensure that all individuals who have access to Crepe De Licious's intellectual property are aware of and comply with these restrictions to protect the franchise system. Franchisees should also consult with legal counsel to ensure that their agreements are enforceable and comply with applicable laws.