Can Crepe De Licious prohibit franchisees from independently marketing on the Internet?
Crepe_De_Licious Franchise · 2025 FDDAnswer from 2025 FDD Document
ithin another franchisee's Territory. We may allow you to market your Crepe de licious Business through social media sites so long as you follow our online policies and procedures, which are contained in the Operations Manual. Our online policies and procedures may change as technology and the Internet changes. Under our online policies and procedures, we may retain the sole right to market on the Internet, including all use of websites, domain names, advertising, and co-branding arrangements. We may not allow you to independently market on the Internet, or use any domain name, address, locator, link, metatag, or search technique with words or symbols similar to the Marks. We may require you to allow us access to your social media pages to manage content. Our online policy may completely prohibit you from any use of the Marks in social networking sites or other online use. You may not sell products through other channels of distribution such as delivery, ghost kitchens, wholesale, Internet, or mail order sales, unless we authorize you in writing. You may not provide any goods or services related to the operation of your Crepe de licious Business that we have not approved.
ITEM 17 RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION
This table lists certain important provisions of the franchise agreement and related agreements. You should read these provisions in the agreements attached to this disclosure document.
| Provision | Section in Franchise Agreement | Summary |
|---|---|---|
| q. Non-competition covenants during the term of the Franchise | Section 5.21 | Neither you, your principal owners, nor any immediate family members of you or your principal owners may participate in a diverting business, have no owning interest in, loan money to, or perform services for a competitive business anywhere; you may not interfere with our or our other franchisees’ Crepe de licious Franchise(s). |
| r. Non-competition covenants after the Franchise is terminated or expires | Section 17.09 | Owners cannot have an interest in, own, manage, operate, finance, control, or participate in any competitive business within: (i) a 25-mile radius from your Crepe de licious Business or Territory (and including the premises of the Approved Location); and (ii) a 25-mile radius from all other Crepe de licious businesses that are operating or under construction, for two years. |
| s. |
Source: Item 16 — RESTRICTIONS ON WHAT THE FRANCHISEE MAY SELL (FDD pages 47–48)
What This Means (2025 FDD)
According to Crepe De Licious's 2025 Franchise Disclosure Document, Crepe De Licious has significant control over a franchisee's internet marketing activities. Crepe De Licious may retain the sole right to market on the Internet, including all use of websites, domain names, advertising, and co-branding arrangements. Crepe De Licious may prohibit franchisees from independently marketing on the Internet, or using any domain name, address, locator, link, metatag, or search technique with words or symbols similar to their Marks.
Crepe De Licious may require franchisees to allow them access to their social media pages to manage content and their online policy may completely prohibit franchisees from any use of the Marks in social networking sites or other online use. Franchisees may not sell products through other channels of distribution such as delivery, ghost kitchens, wholesale, Internet, or mail order sales, unless Crepe De Licious authorizes them in writing.
Crepe De Licious has established a System website for Crepe De Licious Businesses which includes local pages for each franchisee. Franchisees may be requested to provide content for their Internet marketing, and they must follow Crepe De Licious's intranet and Internet usage rules, policies, and requirements. Franchisees may not establish or maintain any other website or engage in any other electronic marketing of products or services without Crepe De Licious's prior written approval. Crepe De Licious has the right to review all online content on social media sites, blogs, in electronic communications, and on other online sites which are related to a franchisee's Restaurant, Kiosk, or Food Truck or that contain their Marks, in order to protect the reputation and high quality associated with their Marks and brand.
Franchisees are prohibited from conducting any aspect of the Franchised Business through the Internet (except email communications). However, franchisees may choose to promote their business via alternate online strategies consistent with Crepe De Licious's online policy. Crepe De Licious may require franchisees to remove or cease using their trademarks and intellectual property if used in a questionable way. Franchisees are not permitted to have an individual franchisee website.