Can a Crepe De Licious franchisee amend their lease without consent?
Crepe_De_Licious Franchise · 2025 FDDAnswer from 2025 FDD Document
WHEREAS, Franchisor and Franchisee have entered into a Franchise Agreement ("Agreement") pursuant to which Franchisee was granted the right to own and operate a Crepe de licious business;
WHEREAS, [Franchisee has notified Franchisor of its desire to transfer the Agreement and all rights related thereto, or an ownership interest in Franchisee, to a transferee/enter into a successor franchise agreement/amend the Agreement] or [the Agreement is being terminated/or indicate other reason for the requirement of this waiver and release], and Franchisor has consented to such [transfer/successor franchise agreement/amendment/termination/other reason]; and
WHEREAS, as a condition to Franchisor's consent to [transfer the Agreement/enter into a successor franchise agreement/amend the Agreement/terminate the Agreement/other reason], Releasor has agreed to execute this Release upon the terms and conditions stated below.
Source: Item 22 — CONTRACTS (FDD page 57)
What This Means (2025 FDD)
Based on the 2025 Crepe De Licious Franchise Disclosure Document, a franchisee needs the franchisor's consent to amend the Franchise Agreement. Item 22 discusses contract conditions related to the Franchise Agreement, stating that if a franchisee desires to amend the agreement, they must notify Crepe De Licious, and Crepe De Licious must consent to the amendment.
This requirement for franchisor consent protects Crepe De Licious's interests by ensuring that any changes to the Franchise Agreement align with their brand standards and legal requirements. It also allows Crepe De Licious to maintain uniformity and consistency across all franchise locations. Without this clause, franchisees could make alterations that negatively impact the brand or create legal liabilities for the franchisor.
For a prospective Crepe De Licious franchisee, this means that any desired changes to the Franchise Agreement, including those related to the lease, must be discussed with and approved by Crepe De Licious. This could involve submitting a formal request, providing supporting documentation, and potentially negotiating the terms of the amendment. Franchisees should factor in the time and effort required to obtain franchisor consent when considering any modifications to their lease or other aspects of the Franchise Agreement.