Can you use Crepe De Licious Intellectual Property for your own business if you are an employee of a franchisee?
Crepe_De_Licious Franchise · 2025 FDDAnswer from 2025 FDD Document
3. Know-How and Intellectual Property: Nondisclosure and Ownership. You agree: (i) you will not use the Intellectual Property in any business or capacity other than for the benefit of the Crepe de licious Business operated by Franchisee or in any way detrimental to us or to the Franchisee; (ii) you will maintain the confidentiality of the Intellectual Property at all times; (iii) you will not make unauthorized copies of documents containing any Intellectual Property; (iv) you will take such reasonable steps as we may ask of you from time to time to prevent unauthorized use or disclosure of the Intellectual Property; and (v) you will stop using the Intellectual Property immediately if you are no longer an employee, independent contractor, agent, representative, or supplier of Franchisee. You further agree that you will not use the Intellectual Property for any purpose other than the performing your duties for Franchisee and within the scope of your employment or other engagement with Franchisee.
The Intellectual Property is and shall continue to be the sole property of Crepe Delicious Holding USA, Inc. You hereby assign and agree to assign to us any rights you may have or may acquire in such Intellectual Property. Upon the termination of your employment or engagement with Franchisee, or at any time upon our or Franchisee's request, you will deliver to us or to Franchisee all documents and data of any nature pertaining to the Intellectual Property, and you will not take with you any documents or data or copies containing or pertaining to any Intellectual Property.
Source: Item 22 — CONTRACTS (FDD page 57)
What This Means (2025 FDD)
According to the 2025 Crepe De Licious Franchise Disclosure Document, if you are an employee, independent contractor, agent, representative, or supplier of a Crepe De Licious franchisee, you are prohibited from using the company's Intellectual Property in any business or capacity other than for the benefit of the Crepe De Licious Business operated by the franchisee. The FDD defines Intellectual Property as the Marks, Copyrights, Know-how, Manual, and System of Crepe De Licious. The agreement specifies that using the Intellectual Property outside the scope of your duties for the franchisee or in any way detrimental to Crepe De Licious or the franchisee is a violation of the agreement. This restriction is in place to protect the Crepe De Licious system and brand.
As an employee, you must maintain the confidentiality of the Intellectual Property at all times and not make unauthorized copies of documents containing it. You are also required to take reasonable steps to prevent unauthorized use or disclosure of the Intellectual Property. If you cease to be associated with the Crepe De Licious franchisee, you must immediately stop using the Intellectual Property. All documents and data pertaining to the Intellectual Property must be returned to Crepe De Licious or the franchisee upon termination of employment or engagement.
The Intellectual Property remains the sole property of Crepe Delicious Holding USA, Inc., and any rights you may acquire in it are assigned to them. This includes trade secrets, methods, techniques, specifications, proprietary practices, procedures, policies, and marketing strategies related to the Crepe De Licious business. The agreement emphasizes that protecting the Intellectual Property is crucial for the success of Crepe De Licious and its franchisees, and any unauthorized use could seriously jeopardize the entire franchise system.