factual

Is the Crepe De Licious Management Agreement dependent on any other agreements or conditions?

Crepe_De_Licious Franchise · 2025 FDD

Answer from 2025 FDD Document

mpair any other provision of this Release, but this Release shall be construed as if such invalid, illegal, or unenforceable provision had not been contained herein.

  • h. Releasor agrees to do such further acts and things and to execute and deliver such additional agreements and instruments as any Released Party may reasonably require to consummate, evidence, or confirm the Release contained herein in the matter contemplated hereby.

(Signatures on following page)

IN WITNESS WHEREOF, Releasor has executed this Release as of the date first written above.

, a FRANCHISEE'S OWNERS: Typed or Printed Name Typed or Printed Name Rev. 061518

EXHIBIT H -2

CREPE DE LICIOUS FRANCHISE

SAMPLE SYSTEM PROTECTION AGREEMENT

This System Protection Agreement ("Agreement") is entered into by the undersigned ("you" or "your") in favor of Crepe Delicious Holding USA, Inc., a Delaware corporation, and its successors and assigns ("us," "we" or "our"), upon the terms and conditions set forth in this Agreement.

1. Definitions. For purposes of this Agreement, the following terms have the meanings given to them below:

"Competitive Business" means any business that: (i) sells or offers to sell products the same as or similar to the type of products sold by you in and/or from the Franchisee Territory (including, but not limited to, the products we authorize); or (ii) provides or offers to provide services the same as or similar to the type of services sold by you in and/or from the Franchisee Territory (including, but not limited to, the services we authorize), but excludes a Crepe de licious business operating pursuant to a franchise agreement with us.

"Copyrights" means all works and materials for which we or our affiliate have secured common law or registered copyright protection and that we allow franchisees to use, sell, or display in connection with the marketing and/or operation of a Crepe de licious business or the solicitation or offer of a Crepe de licious franchise, whether now in existence or created in the future.

"Franchisee" means the Crepe de licious franchisee for which you are a manager or officer.

"Franchisee Territory" means the territory granted to you pursuant to a franchise agreement with us.

"Intellectual Property" means, collectively or individually, our Marks, Copyrights, Know-how, and System.

"Know-how" means all of our trade secrets and other proprietary information relating to the development, construction, marketing, and/or operation of a Crepe de licious business, including, but not limited to, methods, techniques, specifications, proprietary practices and procedures, policies, marketing strategies, and information comprising the System and the Manual.

"Manual" means our confidential operations manual for the operation of a Crepe de licious business, which may be periodically modified by us.

"Marks" means the logotypes, service marks, and trademarks now or hereafter involved in the operation of a Crepe de licious business, including "CREPE DE LICIOUS," and any other trademarks, service marks, or trade names that we designate for use by a Crepe de licious business. The term "Marks" also includes any distinctive trade dress used to identify a Crepe de licious business, whether now in existence or hereafter created.

"Prohibited Activities" means any or all of the following: (i) owning, operating, or having any other interest (as an owner, partner, director, officer, employee, manager, consultant, shareholder, creditor, representative, agent, or in any similar capacity) in a Competitive Business (other than owning an interest of five percent (5%) or less in a publicly-traded company that is a Competitive Business);

Source: Item 22 — CONTRACTS (FDD page 57)

What This Means (2025 FDD)

Based on the 2025 Crepe De Licious Franchise Disclosure Document, the System Protection Agreement outlines several conditions and definitions relevant to a manager or officer's obligations. The agreement defines key terms such as "Competitive Business," which includes businesses selling similar products or services to Crepe De Licious, and "Franchisee Territory," which is the territory granted under the franchise agreement. These definitions set the stage for understanding the restrictions placed on managers and officers.

The System Protection Agreement includes non-compete clauses that apply during and after the individual's tenure. Specifically, it defines "Prohibited Activities" as owning or being involved in a Competitive Business or diverting business away from Crepe De Licious. The "Restricted Period" is generally two years after ceasing to be a manager or officer, although this may be reduced to 12 months if deemed too long by a court. These clauses are designed to protect Crepe De Licious's interests by preventing former managers and officers from using their knowledge to compete against the franchise.

The agreement also addresses the protection of Crepe De Licious's intellectual property. It defines "Intellectual Property" as the Marks, Copyrights, Know-how, and System of Crepe De Licious. "Know-how" includes trade secrets, methods, techniques, and marketing strategies. By signing the System Protection Agreement, managers and officers agree to protect this Intellectual Property and maintain the confidentiality of the Crepe De Licious system. This ensures that key operational and strategic information remains within the franchise network, safeguarding its competitive advantage.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.