What is the Franchisee's obligation in the Crepe De Licious Management Agreement?
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 Disclosure Document, the franchisee's obligations are centered around the protection and proper use of Crepe De Licious's intellectual property. As an employee, independent contractor, agent, representative, or supplier of a Crepe De Licious franchisee, the franchisee acknowledges that they may gain knowledge of Crepe De Licious's Intellectual Property, which includes the brand's Marks, Copyrights, Know-how, Manual, and System. The franchisee understands that protecting this intellectual property is crucial for the success of Crepe De Licious and its franchisees.
The franchisee must not use the Intellectual Property in any business or capacity other than for the benefit of the Crepe De Licious Business operated by the Franchisee or in any way that could be detrimental to Crepe De Licious or the Franchisee. This includes maintaining the confidentiality of the Intellectual Property at all times, refraining from making unauthorized copies of documents containing any Intellectual Property, and taking reasonable steps to prevent unauthorized use or disclosure of the Intellectual Property. The franchisee must also cease using the Intellectual Property immediately if they are no longer associated with the Franchisee.
Furthermore, the franchisee agrees that the Intellectual Property remains the sole property of Crepe Delicious Holding USA, Inc., and they must assign any rights they may have or acquire in such Intellectual Property to Crepe De Licious. Upon termination of their employment or engagement with the Franchisee, or at any time upon request from Crepe De Licious or the Franchisee, the franchisee must return all documents and data pertaining to the Intellectual Property and must not retain any copies or data containing or pertaining to any Intellectual Property. This ensures that the confidential and proprietary information of Crepe De Licious remains protected and is not used for unauthorized purposes.