Does Crepe De Licious disclaim liability for approving a particular site?
Crepe_De_Licious Franchise · 2025 FDDAnswer from 2025 FDD Document
The Franchise granted by this Agreement is limited to a single Restaurant, Kiosk, or Food Truck at the Approved Location.
The Restaurant or Kiosk must be located at the Approved Location.
The Food Truck must always be located within the Territory.
If a particular site has not been selected and approved at the time this Agreement is signed, Attachment A will describe the Approved Location in general terms.
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 outlines the process for location approval. According to the agreement, the franchise is granted for a Restaurant, Kiosk, or Food Truck at a specific location, referred to as the "Approved Location," which is detailed in Attachment A of the agreement. If a specific site hasn't been approved when the agreement is signed, Attachment A will describe the location in general terms. However, the FDD does not explicitly state whether Crepe De Licious disclaims liability regarding the suitability or success of an approved location.
While Crepe De Licious maintains the right to approve the location, the FDD doesn't include a disclaimer of liability for the location's potential performance. This means that while Crepe De Licious has a say in where the franchise is situated, there's no explicit statement absolving them of responsibility if the location doesn't perform as expected.
Prospective franchisees should seek clarification from Crepe De Licious regarding their site selection process, the criteria they use for approval, and whether they provide any guarantees or assurances regarding the suitability of the location. It would be prudent to understand the extent of Crepe De Licious's involvement in site selection and any support they offer in assessing the location's potential. Franchisees should also conduct their own due diligence to evaluate the location's viability, considering factors like demographics, traffic patterns, and competition.