According to the FDD, what should my decision to purchase the Cream franchise be based on?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
CONSIN.**
The purpose of this Statement is to demonstrate to JENI'S SPLENDID ICE CREAMS FRANCHISE, LLC. ("Franchisor") that the person(s) signing below ("I," "me" or "my"), whether acting individually or on behalf of any legal entity established to acquire the franchise rights, (a) fully understands that the purchase of a Jeni's franchise rights is a significant long-term commitment, complete with its associated risks, and (b) is not relying on any statements, representations, promises or assurances that are not specifically set forth in Franchisor's Franchise Disclosure Document (the "FDD") in deciding to purchase the franchise. In that regard, I represent to Franchisor and acknowledge that:
| I understand that buying a franchise is not a guarantee of success. Purchasing or establishing any business is risky, and the success or failure of the franchise is subject to many variables such as my skills and abilities (and those of my partners, officers, employees), the time my associates and I devote to the business, competition, interest rates, the economy, inflation, operation costs, location, lease terms, the market place generally and other economic and business factors. I am aware of and am willing to undertake these business risks. I understand that the success or failure of my business will depend primarily upon my efforts and not those of Franchisor. | INITIAL: |
|---|---|
| I received a copy of the FDD at least 14 calendar days before I executed a Franchise | INITIAL: |
| Agreement or paid Franchisor or its affiliates any fees. I understand that all of my rights and | |
| responsibilities and those of Franchisor in connection with the franchise are set forth in these | |
| agreements and only in these agreements. I have had the opportunity to personally and | |
| carefully review these documents and have, in fact, done so. I have been advised to have | |
| professionals (such as lawyers and accountants) review the documents for me and to have | |
| them help me understand these documents. I have also been advised to consult with other | |
| franchisees regarding the risks associated with the purchase of the franchise. | |
| Neither the Franchisor nor any of its affiliates, officers, employees or agents (including any | INITIAL: |
| franchise broker) has made a statement, promise or assurance to me concerning any matter | |
| related to the franchise (including those regarding advertising, marketing, training, support | |
| service or assistance provided by Franchisor) that is contrary to, or different from, the | |
| information contained in the FDD. |
Source: Item 23 — RECEIPTS (FDD pages 61–192)
What This Means (2025 FDD)
According to Cream's 2025 Franchise Disclosure Document, your decision to purchase the franchise should not be influenced by any oral representations, assurances, warranties, guarantees, or promises made by Cream or its representatives regarding the likelihood of success. Instead, the FDD emphasizes the importance of conducting your own independent assessment.
Cream requires that you make your own determination that you have sufficient capital to fund the franchised business, especially during the initial start-up phase, and to cover your living expenses. This indicates that Cream does not provide financial assurances or guarantees regarding profitability. It is up to you to evaluate your financial situation and project potential earnings.
Furthermore, the FDD makes it clear that buying a Cream franchise does not guarantee success. The document highlights various factors that can affect the success or failure of the franchise, including your skills and abilities, the time you and your associates devote to the business, competition, interest rates, economic conditions, inflation, operating costs, location, lease terms, and general market conditions. These factors are typical considerations for any business venture, and Cream places the onus on you to understand and manage these risks.
Cream emphasizes that the success or failure of your business will primarily depend on your efforts, not those of the franchisor. This underscores the importance of your active involvement and management of the franchise. The FDD advises you to consult with professionals, such as lawyers and accountants, to review the franchise documents and seek advice from other franchisees regarding the risks associated with purchasing the franchise.