Does the Crepe De Licious franchise agreement require franchisees to acknowledge the reasonableness of its terms?
Crepe_De_Licious Franchise · 2025 FDDAnswer from 2025 FDD Document
osing Know-how to an immediate family member (i.e., spouse, parent, sibling, child, grandparent or grandchild). You also acknowledge that it would be difficult for us to prove whether you disclosed the Know-how to family members. Therefore, you agree that you will be presumed to have violated the terms of this Agreement if any member of your immediate family: (i) engages in any Prohibited Activities during any period of time during which you are prohibited from engaging in the Prohibited Activities; or (ii) uses or discloses the Know-how. However, you may rebut this presumption by furnishing evidence conclusively showing that you did not disclose the Know-how to the family member.
- 7. Covenants Reasonable. You acknowledge and agree that: (i) the terms of this Agreement are reasonable both in time and in scope of geographic area; and (ii) you have sufficient resources and business experience and opportunities to earn an adequate living while complying with the terms of this Agreement. YOU HEREBY WAIVE ANY RIGHT TO CHALLENGE THE TERMS OF THIS AGREEMENT AS BEING OVERLY BROAD, UNREASONABLE, OR OTHERWISE UNENFORCEABLE.
- 8. Breach. You agree that failure to comply with the terms of this Agreement will cause substantial and irreparable damage to us and/or other Crepe de licious franchisees for which there is no adequate remedy at law. Therefore, you agree that any violation of the terms of this Agreement will entitle us to injunctive relief. You agree that we may apply for such injunctive relief without bond, but upon due notice, in addition to such further and other relief as may be available at equity or law, and the sole remedy of yours in the event of the entry of such injunction will be the dissolution of such injunction, if warranted, upon hearing duly held (all claims
Source: Item 22 — CONTRACTS (FDD page 57)
What This Means (2025 FDD)
According to the 2025 Crepe De Licious Franchise Disclosure Document, franchisees must acknowledge and agree that the terms of the Franchise Agreement are reasonable in both time and geographic scope. They also acknowledge having sufficient resources, business experience, and opportunities to earn an adequate living while adhering to the agreement's terms.
Specifically, the agreement states that franchisees waive any right to challenge the terms as overly broad, unreasonable, or otherwise unenforceable. This is a significant commitment, as it limits the franchisee's ability to dispute the agreement's terms in the future.
Further, the Crepe De Licious franchise agreement specifies that failure to comply with its terms will cause substantial and irreparable damage to Crepe De Licious and its other franchisees, entitling them to injunctive relief. This clause reinforces the importance of adhering to the agreement and the potential legal consequences of non-compliance. Franchisees also agree that the amount of the bond shall not exceed $1,000 if a court requires the filing of a bond.