Is a Crepe De Licious franchisee allowed to copy Confidential Information?
Crepe_De_Licious Franchise · 2025 FDDAnswer from 2025 FDD Document
11. CONFIDENTIAL INFORMATION
11.01 Confidential Information. We possess certain non-public trade secrets, proprietary information, technical data, or know-how which relate to our business, System, services or items, or to a Franchised Business, including the Operations Manual, System Standards, quality-control systems, training materials, and information regarding salary, research, recipes, proprietary items and services, developments, inventions, processes, techniques, designs, marketing, finances, and operations (collectively, "Confidential Information") that we will provide to you. You will also obtain other Confidential Information during the term of this Agreement. You acknowledge that your entire knowledge of the operation of a crepe-based restaurant, kiosk, or Food Truck, including the method of establishing this type of unit, preparing crepe-based dishes, gelato, and related items, and marketing this type of unit, and the related specifications, standards, and procedures involved in the operation of a Restaurant, Kiosk, or Food Truck are derived solely from Confidential Information we disclosed (or will disclose) to you.
11.02 Protection of Confidential Information and Data. You will use the Confidential Information only in the operation of the Franchised Business, and you will not disclose Confidential Information to others, except as expressly authorized by this Agreement. You will take all appropriate actions to preserve the confidentiality of all Confidential Information, including keeping the Operations Manual in a locked location. Access to Confidential Information must be limited to only your employees who need the Confidential Information to perform their jobs and who are subject to your general policy on maintaining confidentiality as a condition of employment or who have first signed our Confidentiality and Non-Competition Agreement. You will not copy or permit copying of Confidential Information. Your obligations under this section begin when you sign this Agreement and continue for trade secrets as long as they remain secret, and, for other Confidential Information, for as long as we continue to use the information in confidence (even if edited or revised) plus three (3) years. We will respond promptly and in good faith to any inquiry by you about continued protection of any Confidential Information.
Source: Item 22 — CONTRACTS (FDD page 57)
What This Means (2025 FDD)
According to the 2025 Crepe De Licious Franchise Disclosure Document, franchisees are explicitly prohibited from copying Confidential Information. The FDD defines Confidential Information as non-public trade secrets, proprietary information, technical data, or know-how related to Crepe De Licious's business, system, services, or items. This includes the Operations Manual, System Standards, quality-control systems, training materials, and information regarding salary, research, recipes, proprietary items and services, developments, inventions, processes, techniques, designs, marketing, finances, and operations.
The franchisee is only allowed to use Confidential Information in the operation of their franchised business and must take appropriate actions to maintain its confidentiality. Access to Confidential Information should be limited to employees who need it to perform their jobs and who have signed a confidentiality agreement.
The obligation to protect trade secrets lasts as long as they remain secret, and for other Confidential Information, it lasts for as long as Crepe De Licious continues to use the information in confidence (even if edited or revised) plus three years. This restriction begins when the franchisee signs the agreement, highlighting the importance of understanding and adhering to these confidentiality terms from the outset of the franchise relationship.