Does a Crepe De Licious franchisee have to pay to use the data they collect?
Crepe_De_Licious Franchise · 2025 FDDAnswer from 2025 FDD Document
"System" means our system for the establishment, development, operation, and management of a Crepe de licious Business, including Know-how, proprietary programs and products, confidential operations manuals, and operating system.
2. Background. You are an employee, independent contractor, agent, representative, or supplier of Franchisee. Because of this relationship, you may gain knowledge of our Intellectual Property. You understand that protecting the Intellectual Property is vital to our success and that of our franchisees, and that you could seriously jeopardize our entire Franchise System if you were to use such Intellectual Property in any way other than as described in this Agreement. In order to avoid such damage, you agree to comply with this Agreement.
3. Know-How and Intellectual Property: Nondisclosure and Ownership. You agree: (i) you will not use the Intellectual Property in any business or capacity other than for the benefit of the Crepe de licious Business operated by Franchisee or in any way detrimental to us or to the Franchisee; (ii) you will maintain the confidentiality of the Intellectual Property at all times; (iii) you will not make unauthorized copies of documents containing any Intellectual Property; (iv) you will take such reasonable steps as we may ask of you from time to time to prevent unauthorized use or disclosure of the Intellectual Property; and (v) you will stop using the Intellectual Property immediately if you are no longer an employee, independent contractor, agent, representative, or supplier of Franchisee. You further agree that you will not use the Intellectual Property for any purpose other than the performing your duties for Franchisee and within the scope of your employment or other engagement with Franchisee.
The Intellectual Property is and shall continue to be the sole property of Crepe Delicious Holding USA, Inc. You hereby assign and agree to assign to us any rights you may have or may acquire in such Intellectual Property. Upon the termination of your employment or engagement with Franchisee, or at any time upon our or Franchisee's request, you will deliver to us or to Franchisee all documents and data of any nature pertaining to the Intellectual Property, and you will not take with you any documents or data or copies containing or pertaining to any Intellectual Property.
- **4.
Immediate Family Members**.
Source: Item 22 — CONTRACTS (FDD page 57)
What This Means (2025 FDD)
Based on the 2025 Crepe De Licious Franchise Agreement, the franchisee does not own the rights to the data they collect. The agreement states that the franchisee may gain knowledge of Crepe De Licious's intellectual property and that protecting the intellectual property is vital to the success of Crepe De Licious and its franchisees. The agreement specifies that the franchisee could seriously jeopardize the entire franchise system if they were to use such intellectual property in any way other than as described in the agreement.
The agreement explicitly states that the franchisee will not use the intellectual property in any business or capacity other than for the benefit of the Crepe De Licious business or in any way detrimental to Crepe De Licious or its franchisees. The franchisee must maintain the confidentiality of the intellectual property at all times and will not make unauthorized copies of documents containing any intellectual property. They must also take reasonable steps to prevent unauthorized use or disclosure of the intellectual property and will stop using the intellectual property immediately if they are no longer an employee, independent contractor, agent, representative, or supplier of the franchisee.
The agreement also clarifies that the intellectual property is and shall continue to be the sole property of Crepe Delicious Holding USA, Inc. The franchisee agrees to assign to Crepe De Licious any rights they may have or may acquire in such intellectual property. Upon termination of employment or engagement with the franchisee, or at any time upon Crepe De Licious's or the franchisee's request, all documents and data pertaining to the intellectual property must be delivered, and no documents or data or copies containing or pertaining to any intellectual property may be taken.