Are there any other specific territorial restrictions for a Crepe De Licious franchise?
Crepe_De_Licious Franchise · 2025 FDDAnswer from 2025 FDD Document
You may not sell products through other channels of distribution such as wholesale, Internet, or mail order sales. You are not permitted to have an individual franchisee website. You may choose, however, to promote your business via alternate online strategies consistent with our online policy. We have the right to review all online content on social media sites, discount websites, blogs, in electronic communications, and on other online sites on which our trademarks are used to protect the reputation and high quality associated with our trademarks. We may require you to remove or cease using our trademarks and intellectual property if used in a questionable way. Our online policy may completely prohibit you from any use of the Marks in social networking sites or other online use.
While you may place advertisements in printed media and on television and radio that are targeted to customers and prospective customers located within your Territory, and you will not be deemed to be in violation of the Franchise Agreement if those advertisements are viewed by prospective customers outside of your Territory (because of the natural circulation of the printed media or reach of television and radio), you may not make any sales or deliver any products to customers located outside of your Territory, unless the customer is located in an area where there is not another Crepe de licious Restaurant, Kiosk, of Food Truck in operation. You may not sell our proprietary products or any other products to any business or other customer at wholesale or for resale.
Source: Item 12 — TERRITORY (FDD pages 40–43)
What This Means (2025 FDD)
According to the 2025 Crepe De Licious FDD, there are several territorial restrictions that a franchisee should be aware of. While a franchisee is granted a territory, it is not exclusive, meaning they may face competition from other franchisees, outlets owned by Crepe De Licious, other distribution channels, or competitive brands. Franchisees are restricted from selling or advertising within another franchisee's territory. For food trucks, the territory is based on zip codes and can vary by market.
Crepe De Licious retains significant rights that can impact a franchisee's territory. These rights include operating or licensing others to operate Crepe De Licious restaurants, kiosks, and food trucks outside the franchisee's territory, even if it affects the franchisee's business. Crepe De Licious also reserves the right to use the internet and other means as a distribution channel, and franchisees need prior written approval to market independently online. Additionally, Crepe De Licious can sell proprietary items through various retail locations, transportation facilities, entertainment venues, or regional malls, whether inside or outside the franchisee's territory.
Furthermore, Crepe De Licious can purchase or merge with any business, including competitors, regardless of location. They can also acquire and convert businesses offering similar services, even within a franchisee's territory, as long as the acquired businesses do not operate under the Crepe De Licious marks within that territory. Crepe De Licious can implement multi-area marketing programs that may solicit or sell to customers anywhere. Franchisees are restricted from selling products through wholesale, internet, or mail order channels and are generally not permitted to have individual franchisee websites without approval. These stipulations highlight that while a territory is defined, Crepe De Licious maintains considerable flexibility in its operations and distribution strategies, which could impact a franchisee's business within their designated territory.