Who owns the data collected by a Crepe De Licious franchisee?
Crepe_De_Licious Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
Source: Item 22 — CONTRACTS (FDD page 57)
What This Means (2025 FDD)
According to the 2025 Crepe De Licious Franchise Disclosure Document, Crepe Delicious Holding USA, Inc. owns the data related to the Intellectual Property of the Crepe De Licious business. The agreement states that the franchisee's employees, independent contractors, agents, representatives, or suppliers may gain knowledge of Crepe De Licious's Intellectual Property. To protect this Intellectual Property, anyone associated with the franchisee must agree to maintain its confidentiality and not use it in any way detrimental to Crepe De Licious. Unauthorized copies of documents containing Intellectual Property are prohibited, and reasonable steps must be taken to prevent unauthorized use or disclosure. Upon termination of employment or engagement with the franchisee, all documents and data pertaining to the Intellectual Property must be returned.
The Intellectual Property, which includes the System, Marks, Copyrights, Know-how, and Manual, remains the sole property of Crepe Delicious Holding USA, Inc. Individuals associated with the franchisee agree to assign any rights they may have or acquire in the Intellectual Property to Crepe De Licious. This ensures that Crepe De Licious maintains control over its proprietary information and can protect its brand and operational methods.
For a prospective Crepe De Licious franchisee, this means that any data collected through the operation of the franchise that is related to the Intellectual Property of Crepe De Licious, such as operational methods, marketing strategies, and proprietary information, is owned by Crepe Delicious Holding USA, Inc. The franchisee has a right to use the data to operate their franchise, but they do not own the data itself. This is a common practice in franchising, as it allows the franchisor to maintain consistency and protect its brand across all franchise locations.