Who determines if a Crepe De Licious franchisee is meeting a required standard?
Crepe_De_Licious Franchise · 2025 FDDAnswer from 2025 FDD Document
9.05 Variations. You acknowledge that it may not be possible or practical for us to require complete and detailed uniformity under the various types of conditions different franchisees may face, and under changing customer needs and market conditions. Accordingly, we reserve the right to vary standards for any franchisee based upon the particular situation involved, local conditions, existing business practices, or any other factor that we consider important to the successful operation of the particular franchisee's business. You will have no rights or claims against us for any variation from standard specifications and practices granted to any other franchisee, and you are not entitled to the same or similar variation.
Source: Item 22 — CONTRACTS (FDD page 57)
What This Means (2025 FDD)
According to the 2025 Crepe De Licious Franchise Disclosure Document, Crepe De Licious retains the right to modify standards for any franchisee. This decision is based on factors they deem important for the franchisee's success, such as the specific situation, local conditions, or existing business practices. This means that Crepe De Licious has the authority to assess whether a franchisee is meeting the required standards, but they can also adjust those standards on a case-by-case basis.
This flexibility can be both a benefit and a risk for franchisees. On one hand, it allows Crepe De Licious to adapt to unique circumstances and provide support tailored to individual needs. On the other hand, it means that standards can change, and franchisees do not have a right to demand the same variations granted to others. Franchisees must be prepared to adapt to these potential variations and should maintain open communication with Crepe De Licious to understand any changes in standards.
This type of clause is not uncommon in franchising, as franchisors often need the flexibility to respond to changing market conditions and local factors. However, prospective Crepe De Licious franchisees should carefully consider the implications of this clause and ensure they are comfortable with the level of discretion it gives to the franchisor. It would be prudent to discuss with existing franchisees how these variations have been applied in practice and what factors Crepe De Licious typically considers when making such decisions.