Does Crepe De Licious have the right to review content on a franchisee's online site?
Crepe_De_Licious Franchise · 2025 FDDAnswer from 2025 FDD Document
e 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 Document, the franchisor, Crepe De Licious Holding USA, Inc., maintains broad rights over its Marks, System, and Intellectual Property. The documents define key terms such as "Intellectual Property," "Know-how," "Manual," and "Marks," emphasizing the franchisor's ownership and control over these assets. Franchisees are required to adhere to the franchisor's standards and specifications for marketing and operational procedures. While the FDD does not explicitly state that Crepe De Licious has the right to review content on a franchisee's online site, the extensive control over marketing, trademarks, and brand standards suggests that franchisees must ensure their online content aligns with the franchisor's guidelines.
The definition of "Intellectual Property" includes all works and materials for which Crepe De Licious has secured copyright protection and allows franchisees to use in connection with marketing and operation of the business. This indicates that franchisees are permitted to use specific copyrighted materials provided by the franchisor, implying a level of control over what is presented to the public. The "Manual" is defined as the confidential operations manual for the Crepe De Licious Business, suggesting that operational and marketing procedures are standardized and subject to the franchisor's oversight.
Given the franchisor's rights to use and license proprietary marks and methods, coupled with the franchisee's obligation to maintain the confidentiality and integrity of the Intellectual Property, it is highly probable that Crepe De Licious retains the right to review and approve online content to ensure brand consistency and compliance with its standards. A prospective franchisee should clarify with Crepe De Licious the extent to which they can control and review franchisee's online content to ensure it aligns with the brand standards and legal requirements.