Is a Crepe De Licious franchisee allowed to independently market online?
Crepe_De_Licious Franchise · 2025 FDDAnswer from 2025 FDD Document
ring the Franchise Agreement.
We, and our affiliates, have the right to operate, and to license others to operate, Crepe de licious Restaurants, Kiosks, and Food Trucks at any location outside the Territory, even if doing so will or might affect your operation of your Crepe de licious Restaurant, Kiosk, and Food Truck. We retain the right, for ourselves and our affiliates, on any terms we deem advisable, and without granting you any rights:
- 1 to own, franchise, establish and/or operate, and license others to establish and operate, businesses using the Marks and System outside of the Territory, regardless of the proximity to your Crepe de licious Restaurant, Kiosk, or Food Truck (even if there may be some impact to your Crepe de licious Business);
- 2 to use the Internet and other means as a channel of distribution for us, and you may not independently market on the Internet or conduct e-commerce without our prior written approval and subject to the policies and procedures in our Operations Manual;
- 3 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, theatres, malls, airports, gas stations, college campuses, sports venues, third party delivery companies, ghost kitchens, or other retail locations within or outside of the Territory;
- 4 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;
- 5 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 Restaurant, Kiosk, or Food Truck operated by you;
- 6 to purchase or be purchased by, or merge or combine with, any business, including a business that competes directly with your Crepe de licious Restaurant, Kiosk, or Food Truck, wherever located;
Source: Item 12 — TERRITORY (FDD pages 40–43)
What This Means (2025 FDD)
According to Crepe De Licious's 2025 Franchise Disclosure Document, franchisees are restricted in their ability to independently market online. The FDD states that a franchisee "may not independently market on the Internet or conduct e-commerce without our prior written approval and subject to the policies and procedures in our Operations Manual." This means that franchisees need to get permission from Crepe De Licious before undertaking any independent online marketing or e-commerce activities. The policies and procedures governing online marketing are further detailed in the Crepe De Licious Operations Manual.
While franchisees cannot have an individual franchisee website, they "may choose, however, to promote your business via alternate online strategies consistent with our online policy." This suggests that there are some approved online marketing methods available to franchisees. Crepe De Licious retains the right to monitor all online content related to the brand, including social media, discount websites, blogs, and electronic communications. This oversight allows Crepe De Licious to protect its trademarks and brand reputation.
Crepe De Licious can require franchisees to remove or stop using trademarks and intellectual property if they are used inappropriately online. The online policy may even prohibit any use of the brand's trademarks on social networking sites or other online platforms. While franchisees can advertise in printed media, television, and radio within their territory, they cannot make sales or deliver products outside their territory unless there isn't another Crepe De Licious location in that area. Therefore, franchisees need to be aware of the specific online marketing policies and restrictions set by Crepe De Licious to avoid violating the franchise agreement.