What is the significance of the 'Recitals' section in the Crepe De Licious assignment agreement?
Crepe_De_Licious Franchise · 2025 FDDAnswer from 2025 FDD Document
1. RECITALS
- 1.01 System and Marks. We have the right to use and to license to our franchisees a proprietary and distinctive system ("System") relating to the establishment and operation of Crepe de licious restaurants and kiosks which make and sell some or all of the following: crepe-based dishes and other specialty food items, gelato, beverage items and other items. We also have the right to use and to license to our franchisees certain service marks, trademarks, trade names, trade dress, logos, slogans and commercial symbols used to identify the restaurant or kiosk or particular items and services offered (collectively, the "Marks").
- 1.02 Desire to Franchise. You desire, upon the terms and conditions set forth in this Agreement, to obtain a license to use the System and Marks in the establishment and operation of a Crepe de licious unit ("Restaurant, Kiosk, or Food Truck") to engage in the business of making and selling some or all of the following: crepe-based dishes and other specialty food items, gelato, beverage items and other items ("Franchised Business"). We are willing, upon the terms and conditions set forth herein, to license you to establish and operate the Franchised Business using the Marks and the System in a Restaurant, Kiosk, or Food Truck at an approved location. Unless the context indicates otherwise, capitalized terms have the meaning ascribed to them in this Agreement.
Source: Item 22 — CONTRACTS (FDD page 57)
What This Means (2025 FDD)
According to the 2025 Crepe De Licious Franchise Disclosure Document, the 'Recitals' section of the franchise agreement outlines the fundamental understanding and intentions of both Crepe De Licious and the franchisee. It establishes Crepe De Licious's rights to its proprietary system and associated trademarks, trade names, and logos used in the operation of Crepe De Licious restaurants and kiosks.
The recitals also express the franchisee's desire to obtain a license to use the Crepe De Licious system and marks for their franchised business. This section confirms the franchisee's understanding of the agreement's terms and conditions for operating a Crepe De Licious unit, whether it's a restaurant, kiosk, or food truck.
In essence, the 'Recitals' section serves as a foundational statement, clarifying the core elements of the franchise relationship and setting the stage for the detailed terms and conditions that follow in the agreement. It highlights the mutual agreement between Crepe De Licious and the franchisee regarding the use of the system, marks, and the operation of the franchised business.