What documents must the landlord provide to Crepe De Licious?
Crepe_De_Licious Franchise · 2025 FDDAnswer from 2025 FDD Document
ation obligations in Section 17; and the purported transferee may not operate the Franchised Business under the Marks or the System.
15.03 Transfer Conditions. We may, to the extent permitted by applicable law, condition and withhold our consent to a Transfer, when required under Section 15.02 until the transferee and you meet certain conditions. If a Transfer is to occur: (a) the proposed transferee must apply for a Crepe de licious franchise and must meet all of our then-current standards and requirements for becoming a Crepe de licious franchisee, in our sole discretion; (b) you or the proposed transferee must provide to us in writing the circumstances of the proposed Transfer; (c) the proposed transferee must provide to us the same supporting documents as a new franchise applicant; (d) you or the proposed transferee must pay us a transfer fee of $10,000 ($5,000 if the proposed transferee is an existing Crepe de licious franchisee), including a non-refundable $1,000 deposit that is due upon the request for approval of a Transfer (e) the proposed transferee must sign the form of franchise agreement and related documents we then offer to prospective franchisees, which agreement will provide for a new initial term of five (5) years, and the transferee's owners will sign the form of owners agreement or guaranty we then require of franchisees' owners; (f) the proposed transferee and its designated manager must complete to our satisfaction the initial training then required for new franchisees and their designated managers; (g) you or the proposed transferee must refurbish the Restaurant, Kiosk, or Food Truck to conform to our then-current standards and specifications; (h) we must receive general releases from you and each of your owners, and payment of all amounts then owed to us and our affiliates by you and your owners and affiliates, and the transferee and its owners and affiliates, under this Agreement or otherwise; (i) you must not be in default under this Agreement or any other agreement with us or any of our affiliates; (j) you must give us at least 30 days' prior written notice of any proposed Transfer; (k) you must reimburse us upon receipt of our invoice for any broker or other placement fees we incur as a result of the transfer; (l) the Restaurant, Kiosk, or Food Truck must be in operation for at least one (1) year, if we have not exercised right of first refusal; (m) the proposed transferee must have sufficient business experience and financial resources to operate the Franchise; (n) your landlord must consent to transfer the lease to the proposed transferee; (o) you must sign a non-compete agreement not to engage in a competitive business for two (2) years within: (i) a 25 mile
Source: Item 22 — CONTRACTS (FDD page 57)
What This Means (2025 FDD)
Based on the 2025 Crepe De Licious Franchise Disclosure Document, the landlord's obligation to provide documents arises in the context of a franchise transfer. Specifically, if a franchisee wishes to transfer their Crepe De Licious franchise to a new owner, the landlord of the restaurant, kiosk, or food truck location must consent to transfer the lease to the proposed new franchisee.
This requirement is part of a series of conditions that must be met for Crepe De Licious to approve the transfer. These conditions ensure that the new franchisee meets the brand's standards and that the transfer does not negatively impact the Crepe De Licious system. The consent from the landlord is crucial because the location is often a key component of the franchise's value and continued operation. Without the landlord's consent to transfer the lease, the transfer of the Crepe De Licious franchise cannot proceed.
While the FDD excerpt specifies the need for landlord consent, it does not detail the specific form or content of the consent document. It is reasonable to assume that the consent would need to be in writing and legally binding, ensuring that the new franchisee has the right to occupy and operate the Crepe De Licious franchise at the location under the terms of the existing lease or a new lease agreement. A prospective franchisee should clarify with Crepe De Licious what specific documentation or form of consent is required from the landlord to ensure a smooth transfer process.