Can the Crepe De Licious Franchise Agreement be modified during the term?
Crepe_De_Licious Franchise · 2025 FDDAnswer from 2025 FDD Document
| Provision | Section in Franchise Agreement | Summary |
|---|---|---|
| s. Modification of the Franchise Agreement | Sections 19.02 and 9.02 | No modifications of the Franchise Agreement during the term unless agreed to in writing, but the Operations Manual is subject to change at any time in our discretion. Modifications are permitted on renewal. |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 48–52)
What This Means (2025 FDD)
According to the 2025 Crepe De Licious Franchise Disclosure Document, the Franchise Agreement cannot be modified during its term unless both Crepe De Licious and the franchisee agree to the changes in writing. However, the Operations Manual is subject to change at any time at Crepe De Licious's discretion. Modifications to the Franchise Agreement are permitted upon renewal of the agreement.
This means that while a franchisee operates under the existing agreement, any desired changes would require mutual written consent. This protects both the franchisee and Crepe De Licious by ensuring that neither party can unilaterally alter the terms of the agreement during its active period. However, franchisees should be aware that Crepe De Licious can change the Operations Manual at any time, which could impact how the business is run.
The inability to modify the Franchise Agreement except by written consent is a fairly standard practice in franchising, as it provides stability and predictability for both parties. The ability of Crepe De Licious to modify the Operations Manual is also common, allowing the franchisor to adapt to changing market conditions and improve the system. Franchisees should carefully review the Operations Manual and understand that it is subject to change.
Prospective franchisees should consider the implications of these provisions. While the terms of the Franchise Agreement are generally fixed, the Operations Manual can evolve. Franchisees should maintain open communication with Crepe De Licious to understand any changes to the Operations Manual and how those changes might affect their business. Additionally, any desired changes to the Franchise Agreement should be discussed with Crepe De Licious and documented in writing to ensure they are legally binding.