According to Cream's FDD, what is the 'System' referring to?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
You understand that the Marks and the System may evolve over time, including after you sign this Agreement. If we decide to modify, substitute, add, or discontinue the use of any Marks or the System, you agree to make such modifications and updates as we specify and to comply with all other directions we give regarding the use of the Marks and the System in connection with your Shop within a reasonable time after receiving notice from us. We are not required to reimburse you for any costs or expenses associated with making such changes, promoting a modified or substitute Mark, or for any loss of revenue due to any modification to the Marks or System.
You are hereby granted a limited, non-exclusive license to use the Marks and the System, during the Term, strictly to operate your Shop in compliance with the terms of this Agreement and our System Standards. You have no right to sublicense or assign your right to use the Marks and the System. You agree to use and display the Marks in the style and graphic manner we describe in the Brand Manual. You may not use any other trademarks, service marks, commercial symbols, other than the Marks, to identify or operate your Shop.
You agree to notify us immediately of any apparent infringement or challenge to your use of the Marks or the System, or of any person's claim of any rights in the Marks or the System, and not to communicate with any person other than us, our affiliates, and our and their attorneys, and your
The purpose of the Brand Fund is to promote the Marks, the System, the Jeni's® brand, and Jeni's Ice Creams Scoop Shops generally. As such, you acknowledge and agree that there is no guarantee that you or your Shop will benefit from Brand Fund expenditures directly or in proportion to your Brand Fund Contribution.
You agree at all times to operate and maintain your Shop according to each and every System Standard, as we periodically modify and supplement them. Though we retain the right to establish and periodically modify System Standards, you retain the sole responsibility for the day-to-day management and operation of your Shop and the implementation and maintenance of System Standards at your Shop. System Standards may regulate any aspect of the operation and maintenance of your Shop, including any one or more of the following:
Source: Item 23 — RECEIPTS (FDD pages 61–192)
What This Means (2025 FDD)
According to Cream's 2025 Franchise Disclosure Document, the 'System' encompasses the methods, standards, and proprietary information that Cream has developed for operating Jeni's Ice Creams Scoop Shops. This includes everything from site selection criteria and training materials to recipes, marketing programs, and approved suppliers. Franchisees are granted a limited license to use the System to operate their shops, but they cannot sublicense or duplicate it for use in any other business. Cream retains the right to modify the System over time, and franchisees are expected to implement these changes.
Cream franchisees must operate their shops in accordance with the System Standards, which Cream can modify and supplement periodically. These standards cover all aspects of shop operation and maintenance. Franchisees must also notify Cream of any infringements or challenges to the use of the Marks or the System.
The Brand Fund exists to promote the Marks, the System, the Jeni's brand, and Jeni's Ice Creams Scoop Shops generally. Cream details that franchisees acknowledge that there is no guarantee that they or their Shop will benefit from Brand Fund expenditures directly or in proportion to their Brand Fund Contribution.