What right does Crepe De Licious have regarding the Designated Manager?
Crepe_De_Licious Franchise · 2025 FDDAnswer from 2025 FDD Document
phic scope of the Restricted Territory, and/or reducing the scope of any other covenant imposed upon you under this Agreement to ensure that the terms and covenants in this Agreement are enforceable under applicable law.
(Signatures on following page)
EXECUTED on the date stated below.
Date Signature Typed or Printed Name
EXHIBIT H-3
CREPE DE LICIOUS FRANCHISE
SAMPLE CONFIDENTIALITY AGREEMENT
This Confidentiality Agreement ("Agreement") is entered into by the undersigned ("you") in favor of Crepe Delicious Holding USA, Inc., a Delaware corporation, and its successors and assigns ("us"), 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:
"Copyrights" means all works and materials for which we or our affiliate(s) have secured common law or registered copyright protection and that we allow Crepe de licious franchisees to use, sell, or display in connection with the marketing and/or operation of a Crepe de licious Business, whether now in existence or created in the future.
"Crepe de licious Business" means a business that operates retail, quick-service restaurants and/or kiosks that make and sell European-style crepes, panini sandwiches, gelato products, and other assorted food and drink items and other related products and services using our Intellectual Property.
"Franchisee" means the Crepe de licious franchisee for which you are an employee, independent contractor, agent, representative, or supplier.
"Intellectual Property" means, collectively or individually, our Marks, Copyrights, Know-how, Manual, 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 con
Source: Item 22 — CONTRACTS (FDD page 57)
What This Means (2025 FDD)
Based on the 2025 Crepe De Licious Franchise Disclosure Agreement, the document outlines several definitions and stipulations regarding the franchisee, intellectual property, and the system, but it does not explicitly detail any specific rights Crepe De Licious has concerning a designated manager. The agreement does define terms such as "Franchisee" and "Intellectual Property," and it emphasizes the importance of protecting the brand's intellectual property. It also includes clauses related to non-disclosure and ownership of intellectual property. These clauses primarily address the obligations and restrictions placed on the franchisee and those associated with them, such as employees or managers, to protect Crepe De Licious's proprietary information.
While the agreement does not directly address the franchisor's rights over a designated manager, it does specify that individuals associated with the franchisee may gain knowledge of Crepe De Licious's intellectual property and are therefore bound by certain confidentiality and usage restrictions. This suggests that Crepe De Licious indirectly maintains some control over those in managerial positions through these stipulations, ensuring that they do not misuse or disclose sensitive information that could harm the franchise system. The agreement also states that those individuals must comply with the outlined terms to avoid jeopardizing the franchise system.
In summary, although the Franchise Disclosure Document does not explicitly state Crepe De Licious's rights regarding a designated manager, it does imply a level of control through the stipulations placed on individuals associated with the franchisee, particularly concerning the protection and use of intellectual property. A prospective franchisee should seek clarification from the franchisor regarding any additional rights or expectations related to the management and oversight of their Crepe De Licious location.