What constitutes the entire agreement between the parties regarding the Crepe De Licious franchise?
Crepe_De_Licious Franchise · 2025 FDDAnswer from 2025 FDD Document
In this regard, the parties further agree that:
- 1.1.1 Each Franchised Restaurant developed hereunder shall be operated pursuant to a separate Crepe Delicious Holding USA, Inc.
Franchise Agreement (a "Franchise Agreement") that shall be executed as provided in Section 3.4 below.
1.1.2 For each Franchised Restaurant to be developed under this Agreement, Area Developer shall execute the Franchise Agreement for such Franchised Restaurant in accordance with the deadlines set forth in the development schedule specified in Paragraph 1 of Exhibit A to this Agreement (the "Development Schedule").
1.1.3 Each Franchised Restaurant developed hereunder shall be at a specific location, which shall be designated in the Franchise Agreement, that is within in the area described in Paragraph 2 of Exhibit A to this Agreement (the "Development Area").
1.2 Development Area.
Except as otherwise set forth herein (including, without limitation, the rights retained by Franchisor as described in Section 1.3), during the term of this Agreement, and so long as Area Developer is in compliance with its obligations under this Agreement and all of the Franchise Agreements between Area Developer (including any affiliate of Area Developer), Franchisor shall not establish or operate, or license anyone other than Area Developer to establish or operate, a Crepe Delicious Restaurant under the Marks and System at any location that is within the Development Area.
- 1.3 Franchisor's Reserved Rights.
Notwithstanding anything to the contrary, Franchisor retains the following rights, among others, on any terms and conditions Franchisor deems advisable, and without granting Area Developer any rights therein:
1.3.1 To own, acquire, establish, and/or operate and license others to establish and operate, Crepe Delicious Restaurants under the System at any location outside the Development Area notwithstanding their proximity to the Development Area or their actual or threatened impact on sales or development of any of the Franchised Restaurant;
1.3.2 To own, acquire, establish and/or operate and license others to establish and operate, non-store-front businesses under the Marks, at any location within or outside the Development Area.
Source: Item 22 — CONTRACTS (FDD page 57)
What This Means (2025 FDD)
Based on the 2025 Crepe De Licious Franchise Disclosure Document, the franchise agreement between Crepe De Licious Holding USA, Inc. and the franchisee allows the franchisee to operate a Crepe De Licious unit, such as a restaurant, kiosk, or food truck. The agreement grants the franchisee the right to use Crepe De Licious’s system and marks to make and sell crepe-based dishes, specialty food items, gelato, and beverages. The franchisee is responsible for operating the franchised business using the marks and system at an approved location.
The Crepe De Licious franchise agreement outlines the terms and conditions under which the franchisee can use the Crepe De Licious system and marks. This includes the franchisee's obligations and the franchisor's rights. The agreement specifies that each franchised restaurant must operate under a separate Franchise Agreement executed as provided in Section 3.4. The location of each restaurant will be designated in the Franchise Agreement and must be within the Development Area as described in Exhibit A.
Crepe De Licious retains specific rights, including the ability to operate or license others to operate Crepe De Licious restaurants outside the Development Area, regardless of proximity or impact on the franchisee's business. They also retain the right to operate non-store-front businesses under the marks within or outside the Development Area. This means that while the agreement grants certain rights to the franchisee, Crepe De Licious maintains control over the broader use of its brand and system.