How is the term 'Franchisee' defined within the Crepe De Licious System Protection Agreement?
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 confidential operations manual for the operation of a Crepe de licious Business.
Source: Item 22 — CONTRACTS (FDD page 57)
What This Means (2025 FDD)
According to Crepe De Licious's 2025 Franchise Disclosure Document, the System Protection Agreement defines "Franchisee" in two ways, depending on the version of the agreement. One version defines "Franchisee" as the Crepe De Licious franchisee for which the individual signing the agreement is a manager or officer. The other version defines "Franchisee" as the Crepe De Licious franchisee for which the individual signing the agreement is an employee, independent contractor, agent, representative, or supplier.
This definition is important because the System Protection Agreement places obligations and restrictions on individuals who have a relationship with a Crepe De Licious franchisee. The agreement aims to protect Crepe De Licious's intellectual property and system by preventing unfair competition. The definition clarifies who is subject to these restrictions, ensuring that not only owners and managers but also other individuals working for or associated with the franchisee are bound by the agreement's terms.
Prospective franchisees should carefully review the System Protection Agreement and understand which version they and their employees, contractors, or suppliers will be required to sign. Understanding the scope of this definition is crucial for ensuring compliance with the agreement and avoiding potential legal issues related to unfair competition or misuse of Crepe De Licious's intellectual property. Franchisees should also ensure that their employees and other associated parties are aware of the restrictions and obligations imposed by the System Protection Agreement.