What is the obligation of Crepe De Licious Owners regarding non-disclosure of confidential information?
Crepe_De_Licious Franchise · 2025 FDDAnswer from 2025 FDD Document
11. CONFIDENTIAL INFORMATION
11.01 Confidential Information. We possess certain non-public trade secrets, proprietary information, technical data, or know-how which relate to our business, System, services or items, or to a Franchised Business, including the Operations Manual, System Standards, quality-control systems, training materials, and information regarding salary, research, recipes, proprietary items and services, developments, inventions, processes, techniques, designs, marketing, finances, and operations (collectively, "Confidential Information") that we will provide to you. You will also obtain other Confidential Information during the term of this Agreement. You acknowledge that your entire knowledge of the operation of a crepe-based restaurant, kiosk, or Food Truck, including the method of establishing this type of unit, preparing crepe-based dishes, gelato, and related items, and marketing this type of unit, and the related specifications, standards, and procedures involved in the operation of a Restaurant, Kiosk, or Food Truck are derived solely from Confidential Information we disclosed (or will disclose) to you.
11.02 Protection of Confidential Information and Data. You will use the Confidential Information only in the operation of the Franchised Business, and you will not disclose Confidential Information to others, except as expressly authorized by this Agreement. You will take all appropriate actions to preserve the confidentiality of all Confidential Information, including keeping the Operations Manual in a locked location. Access to Confidential Information must be limited to only your employees who need the Confidential Information to perform their jobs and who are subject to your general policy on maintaining confidentiality as a condition of employment or who have first signed our Confidentiality and Non-Competition Agreement. You will not copy or permit copying of Confidential Information. Your obligations under this section begin when you sign this Agreement and continue for trade secrets as long as they remain secret, and, for other Confidential Information, for as long as we continue to use the information in confidence (even if edited or revised) plus three (3) years. We will respond promptly and in good faith to any inquiry by you about continued protection of any Confidential Information.
Source: Item 22 — CONTRACTS (FDD page 57)
What This Means (2025 FDD)
According to Crepe De Licious's 2025 Franchise Disclosure Document, franchisees have specific obligations regarding the confidentiality of proprietary information. Crepe De Licious considers certain information as "Confidential Information," including trade secrets, the Operations Manual, System Standards, quality-control systems, training materials, and data related to salary, research, recipes, proprietary items, developments, inventions, processes, techniques, designs, marketing, finances, and operations. This information is provided to the franchisee and must be protected. Franchisees acknowledge that their knowledge of operating a crepe-based business is derived from this Confidential Information.
A Crepe De Licious franchisee is obligated to use the Confidential Information solely for operating their franchised business and cannot disclose it to others unless expressly authorized by the franchise agreement. They must take appropriate measures to maintain the confidentiality of this information, such as keeping the Operations Manual in a secure location. Access to Confidential Information should be limited to employees who need it for their jobs and who have either signed a confidentiality agreement or are subject to a confidentiality policy as a condition of their employment. Copying of Confidential Information is prohibited.
The franchisee's obligations to protect trade secrets last as long as those secrets remain secret. For other Confidential Information, the obligation continues for as long as Crepe De Licious uses the information in confidence, even if it is edited or revised, plus an additional three years. Crepe De Licious will respond to inquiries from the franchisee regarding the continued protection of any Confidential Information. This clause ensures that the Crepe De Licious system and its proprietary knowledge remain protected, providing a competitive advantage and maintaining the brand's integrity.