Can Crepe De Licious unilaterally modify the terms of the Franchise Agreement?
Crepe_De_Licious Franchise · 2025 FDDAnswer from 2025 FDD Document
During the term of this agreement or any interim period, we may periodically modify System standards, and those modifications may require you to invest additional capital in the Franchise and/or incur higher income expenses.
"Manual" means our confidential operations manual for the operation of a Crepe de licious business, which may be periodically modified by us.
Other than the limited rights expressly granted to you under this Agreement, we (on behalf of ourselves and our affiliates) reserve all rights to use the Marks and System, including the following rights, in any manner and on any terms and conditions we deem advisable, and without granting you any rights, accommodation or compensation:
(a) to own, franchise, establish and/or operate, and license others to establish and operate, businesses using the Marks and System outside the Territory regardless of the proximity to your Crepe de licious Business (even if there may be some impact to your Crepe de licious Business);
(b) to contract and utilize third party delivery and ghost kitchen companies that may operate within or adjacent to your Territory regardless of the proximity to your Crepe de licious Business (even if there may be some impact to your Crepe de licious Business; you will have no right to be compensated from these third party sales which may occur within your Territory;
(c) to use and license the use of other proprietary and non-proprietary marks or methods, which are not the same as or confusingly similar to the Marks, whether in alternative channels of distribution or in the operation of a business offering quick-service restaurants and related products and services, at any location, including within the Territory, which may be similar to or different from the Crepe de licious Business operated by you;
(d) to sell or distribute, at retail or wholesale or otherwise, directly or indirectly, or license others to sell or distribute, any proprietary items (such as crepe ingredients, crepes, crepe-based food items and crepe sandwiches, and gelato) which bear any proprietary marks, including the Marks, through grocery stores, convenience stores, hotel shops and kiosks, theaters, malls, airports, gas stations, college campuses, sports venues, third party delivery companies, ghost kitchens, or other retail locations within or outside the Territory;
Source: Item 22 — CONTRACTS (FDD page 57)
What This Means (2025 FDD)
According to Crepe De Licious's 2025 Franchise Disclosure Document, Crepe De Licious may periodically modify System standards during the term of the agreement. These modifications may require franchisees to invest additional capital in the Franchise and/or incur higher income expenses.
Additionally, Crepe De Licious may periodically modify the confidential operations manual for the operation of a Crepe De Licious business.
Crepe De Licious also reserves the right to use the Marks and System in any manner and on any terms and conditions they deem advisable, and without granting the franchisee any rights, accommodation or compensation. This includes the rights to own, franchise, establish and/or operate, and license others to establish and operate, businesses using the Marks and System outside the Territory regardless of the proximity to the franchisee's Crepe De Licious Business, contract and utilize third party delivery and ghost kitchen companies that may operate within or adjacent to the franchisee's Territory, use and license the use of other proprietary and non-proprietary marks or methods, which are not the same as or confusingly similar to the Marks, and sell or distribute any proprietary items through various retail locations within or outside the Territory.