Is the Crepe De Licious franchise exclusive?
Crepe_De_Licious Franchise · 2025 FDDAnswer from 2025 FDD Document
The Franchise is non-exclusive.
You may not sell products or services, or advertise products or services, within another franchisee's Territory.
Other than the limited rights expressly granted to you under this Agreement, we (on behalf of ourselves and our affiliates) reserve all rights to use the Marks and System, including the following rights, in any manner and on any terms and conditions we deem advisable, and without granting you any rights, accommodation or compensation:
(a) to own, franchise, establish and/or operate, and license others to establish and operate, businesses using the Marks and System outside the Territory regardless of the proximity to your Crepe de licious Business (even if there may be some impact to your Crepe de licious Business);
(b) to contract and utilize third party delivery and ghost kitchen companies that may operate within or adjacent to your Territory regardless of the proximity to your Crepe de licious Business (even if there may be some impact to your Crepe de licious Business; you will have no right to be compensated from these third party sales which may occur within your Territory;
(c) to use and license the use of other proprietary and non-proprietary marks or methods, which are not the same as or confusingly similar to the Marks, whether in alternative channels of distribution or in the operation of a business offering quick-service restaurants and related products and services, at any location, including within the Territory, which may be similar to or different from the Crepe de licious Business operated by you;
(d) to sell or distribute, at retail or wholesale or otherwise, directly or indirectly, or license others to sell or distribute, any proprietary items (such as crepe ingredients, crepes, crepe-based food items and crepe sandwiches, and gelato) which bear any proprietary marks, including the Marks, through grocery stores, convenience stores, hotel shops and kiosks, theaters, malls, airports, gas stations, college campuses, sports venues, third party delivery companies, ghost kitchens, or other retail locations within or outside the Territory;
- (e) to own, acquire, establish and/or operate, and license others to establish and operate, businesses using any proprietary marks or systems (including the Marks and System) at any airport, train station, other transportation facility, arena, ballpark, stadium, racetrack, other sports facility, theater, auditorium, concert hall, theme park, amusement park, cruise ship, casino, or other entertainment facility, or within any outlet mall or other regional mall, within or outside the Territory;
- (f) to purchase or be purchased by, or merge or combine with, any business, including a business that competes directly with your Crepe de licious Business, wherever located;
Source: Item 22 — CONTRACTS (FDD page 57)
What This Means (2025 FDD)
According to Crepe De Licious's 2025 Franchise Disclosure Document, the franchise is non-exclusive. This means that Crepe De Licious retains the right to operate or franchise other businesses, even in the vicinity of a franchisee's location. While franchisees are prohibited from actively selling or advertising within another franchisee's designated territory, Crepe De Licious maintains broad rights regarding the use of its marks and system.
Crepe De Licious reserves the right to establish businesses using the Marks and System outside the Territory regardless of the proximity to your Crepe de licious Business (even if there may be some impact to your Crepe de licious Business). They can also use third-party delivery and ghost kitchen companies that may operate within or adjacent to your Territory regardless of the proximity to your Crepe de licious Business (even if there may be some impact to your Crepe de licious Business; you will have no right to be compensated from these third party sales which may occur within your Territory.
Furthermore, Crepe De Licious can utilize other proprietary marks or methods, even those similar to the Marks, in alternative distribution channels or quick-service restaurants, regardless of location, including within a franchisee's territory. They also retain the right to sell proprietary items through various retail locations, such as grocery stores and airports, both within and outside the franchisee's territory. These stipulations highlight that a Crepe De Licious franchisee's territory does not guarantee exclusive rights to the brand or its products within that area.
Crepe De Licious also reserves the right to operate businesses using the Marks and System at locations such as airports, train stations, transportation facilities, arenas, ballparks, stadiums, racetracks, sports facilities, theaters, auditoriums, concert halls, theme parks, amusement parks, cruise ships, casinos, or other entertainment facilities, or within any outlet mall or other regional mall, within or outside the Territory. They can also purchase or be purchased by, or merge or combine with, any business, including a business that competes directly with your Crepe de licious Business, wherever located.