From whom can Crepe De Licious request covenants similar to those in Section 8?
Crepe_De_Licious Franchise · 2025 FDDAnswer from 2025 FDD Document
- 8.6 Covenants as Independent Clauses. The parties agree that each of the foregoing covenants shall be construed as independent of any other covenant or provision of this Agreement. If all or any portion of a covenant in this Section 8 is held unreasonable or unenforceable by a court or agency having valid jurisdiction in an unappealed final decision to which Franchisor is a party, Area Developer expressly agrees to be bound by any lesser covenant subsumed within the terms of such covenant that imposes the maximum duty permitted by law, as if the resulting covenant were separately stated in and made a part of this Section 8.
- 8.7 Franchisor's Right to Reduce Scope of the Covenants. Area Developer understands and acknowledges that Franchisor shall have the right, in its sole discretion, to reduce the scope of any covenant set forth in Sections 8.2 and 8.3 in this Agreement, or any portion thereof, without Area Developer's consent, effective immediately upon receipt by Area Developer of written notice thereof; and Area Developer agrees that it shall comply forthwith with any covenant as so modified, which shall be fully enforceable notwithstanding the provisions of Section 15 hereof.
- 8.8 Covenants Survive Claims. Area Developer expressly agrees that the existence of any claims it may have against Franchisor, whether or not arising from this Agreement, shall not constitute a defense to the enforcement by Franchisor of the covenants in this Section 8. Area Developer agrees to pay all costs and expenses (including reasonable attorneys' fees) incurred by Franchisor in connection with the enforcement of this Section 8.
Source: Item 22 — CONTRACTS (FDD page 57)
What This Means (2025 FDD)
According to the 2025 Crepe De Licious Franchise Disclosure Document, Section 8 pertains to covenants within the Area Development Agreement. Crepe De Licious, referred to as the Franchisor, can request covenants from the Area Developer. These covenants are designed to be independent clauses within the agreement, ensuring each stands alone.
If any part of a covenant in Section 8 is deemed unenforceable by a court, the Area Developer agrees to adhere to a lesser covenant that imposes the maximum duty permitted by law. This ensures that the Area Developer remains bound to the greatest extent legally possible, as if the revised covenant were originally part of Section 8.
Crepe De Licious retains the right to modify the scope of covenants outlined in Sections 8.2 and 8.3 without the Area Developer's consent. This modification becomes effective immediately upon the Area Developer receiving written notice. The Area Developer must then comply with the modified covenant, which remains fully enforceable.
The Area Developer's claims against Crepe De Licious do not serve as a defense against the enforcement of the covenants in Section 8. The Area Developer is also responsible for covering all costs and expenses, including reasonable attorney fees, that Crepe De Licious incurs while enforcing this section.