Where is the Development Area for Crepe De Licious restaurants described in the Area Development Agreement?
Crepe_De_Licious Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
1.3.3 To own, acquire, establish and/or operate, and license others to establish and operate, businesses under proprietary marks other than the Marks, whether such businesses are similar or different from Crepe Delicious Restaurants, at any location within or 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;
1.3.4 To own, acquire, establish, and/or operate and license others to establish and operate, Crepe Delicious Restaurants under the Marks at Non-Traditional Sites (as defined below) at any location within or outside the Development Area.
As used in this Agreement, "Non-Traditional
Sites" shall mean outlets that serve primarily the customers located within a facility, such as captive audience facilities (examples include, but are not limited to, parks charging admission, stadiums, amusement parks and centers, theaters and art centers), limited purpose facilities (examples include, but are not limited to, airports, transportation centers, department stores, in-door shopping centers, office buildings, business and industrial complexes, museums, educational facilities, hospitals, art centers, and recreational parks), limited access facilities (examples include, but are not limited to, military complexes, buyer club businesses, educational facilities, business and industrial complexes), and other types of institutional accounts.
1.3.5 To sell and to distribute, directly or indirectly, or to license others to sell and to distribute, directly or indirectly, any products through grocery or convenience stores or through outlets that are primarily retail in nature, or through mail order, toll free numbers, or the Internet, including those products bearing Franchisor's Marks, provided that distribution within the Development Area shall not be from a Crepe Delicious Restaurant established under the System that is operated from within the Development Area (except from a Crepe Delicious Restaurant at a Non-Traditional Site);
Source: Item 22 — CONTRACTS (FDD page 57)
What This Means (2025 FDD)
According to Crepe De Licious's 2025 Franchise Disclosure Document, the Development Area for each Franchised Restaurant is detailed in Paragraph 2 of Exhibit A within the Area Development Agreement. This area is where the Crepe De Licious Area Developer is expected to develop their Franchised Restaurants.
During the term of the Area Development Agreement, Crepe De Licious will not establish or operate, or license anyone other than the Area Developer to establish or operate, a Crepe De Licious Restaurant within the Development Area, provided the Area Developer is meeting their obligations under the agreement. However, Crepe De Licious retains specific rights, including the right to operate Crepe De Licious Restaurants outside the Development Area, regardless of their proximity to the Development Area. They also retain the right to operate non-store-front businesses under the Crepe De Licious marks within or outside the Development Area.
Crepe De Licious also retains the right to operate businesses under different proprietary marks, whether similar to or different from Crepe De Licious Restaurants, at any location within or outside the Development Area. They can also operate Crepe De Licious Restaurants at Non-Traditional Sites, such as parks, stadiums, airports, and shopping centers, within or outside the Development Area. Furthermore, Crepe De Licious can sell and distribute products through various retail channels, including grocery stores, convenience stores, and the internet, even within the Development Area, as long as it is not from a traditional Crepe De Licious Restaurant operating within the Development Area.