Does Crepe De Licious have the right to use the Internet as a distribution channel?
Crepe_De_Licious Franchise · 2025 FDDAnswer from 2025 FDD Document
We, and our affiliates, have the right to operate, and to license others to operate, Crepe de licious Restaurants, Kiosks, and Food Trucks at any location outside the Territory, even if doing so will or might affect your operation of your Crepe de licious Restaurant, Kiosk, and Food Truck. We retain the right, for ourselves and our affiliates, on any terms we deem advisable, and without granting you any rights:
1 to own, franchise, establish and/or operate, and license others to establish and operate, businesses using the Marks and System outside of the Territory, regardless of the proximity to your Crepe de licious Restaurant, Kiosk, or Food Truck (even if there may be some impact to your Crepe de licious Business);
2 to use the Internet and other means as a channel of distribution for us, and you may not independently market on the Internet or conduct e-commerce without our prior written approval and subject to the policies and procedures in our Operations Manual;
Source: Item 12 — TERRITORY (FDD pages 40–43)
What This Means (2025 FDD)
According to Crepe De Licious's 2025 Franchise Disclosure Document, the company retains the right to use the internet as a distribution channel. Specifically, Crepe De Licious reserves the right to use the internet and other means as a distribution channel for its products. However, as a franchisee, you are explicitly prohibited from independently marketing on the internet or conducting e-commerce activities without obtaining prior written approval from Crepe De Licious. Any approved online marketing or e-commerce activities must also adhere to the policies and procedures outlined in their Operations Manual.
This means that while Crepe De Licious can leverage the internet to sell its products, franchisees have limited autonomy in this area. A franchisee must seek permission before engaging in any online marketing or e-commerce, ensuring that all online activities align with the franchisor's standards and operational guidelines. This restriction is common in franchising, as franchisors often want to maintain brand consistency and control over the customer experience across all channels.
The FDD also states that franchisees are not permitted to have an individual franchisee website. However, franchisees can promote their business through alternate online strategies, provided they are consistent with Crepe De Licious's online policy. Crepe De Licious has the right to review all online content on social media sites, discount websites, blogs, in electronic communications, and on other online sites on which their trademarks are used. They may require franchisees to remove or cease using their trademarks and intellectual property if used inappropriately, and their online policy may completely prohibit any use of the Marks in social networking sites or other online use.
In summary, Crepe De Licious maintains control over internet-based sales and marketing, allowing them to ensure brand consistency and quality control. Franchisees must adhere to the franchisor's policies and obtain approval before engaging in any independent online activities. This approach allows Crepe De Licious to manage its online presence and protect its brand reputation, while franchisees can still utilize approved online strategies to promote their local business.