According to the Cream franchise agreement, where is the Development Schedule found?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
A. DEVELOPMENT FEE.
On the Effective Date, you must pay us an area development fee (the "Development Fee") specified on Attachment B of this Agreement. The Development Fee is fully earned by us when you sign this Agreement. The Development Fee will be in lieu of the initial franchise fee due for the Jeni's Ice Creams Scoop Shops that you develop pursuant to the Development Schedule, which would otherwise be owed pursuant to each applicable Franchise Agreement.
B. DEVELOPMENT SCHEDULE.
Attachment B to this Agreement sets forth the schedule that you are hereby agreeing to satisfy as it relates to the development of Jeni's Ice Creams Scoop Shops (your "Development Schedule"), which may include one or more periods for you to develop and open a specified number of Jeni's Ice Creams Scoop Shops (each a "Development Period"). You must satisfy all of the conditions described in Section 2.C below for each Jeni's Ice Creams Scoop Shop in your Development Schedule by the
end of the applicable Development Period. You may not open more than the cumulative number of Jeni's Ice Creams Scoop Shops shown in your Development Schedule.
Source: Item 23 — RECEIPTS (FDD pages 61–192)
What This Means (2025 FDD)
According to Cream's 2025 Franchise Disclosure Document, the Development Schedule is specified in Attachment B of the Area Development Agreement. This schedule outlines the specific requirements a developer must meet regarding the opening of Jeni's Ice Creams Scoop Shops.
The Development Schedule may include multiple periods, each with a specified number of Jeni's Ice Creams Scoop Shops that must be developed and opened. A prospective Cream franchisee needs to adhere to the conditions outlined in Section 2.C of the agreement for each shop within the schedule by the end of the applicable Development Period. The agreement explicitly states that franchisees cannot exceed the cumulative number of shops detailed in their Development Schedule.
Cream does not guarantee the Development Area can support the number of shops specified in the Development Schedule, nor that there will be sufficient sites available. Cream relies on the franchisee's independent investigation to determine their ability to meet the development obligations. Therefore, it is crucial for potential Cream franchisees to conduct thorough market research and assess their capabilities before committing to the Development Schedule.
Failure to comply with the Development Schedule can result in Cream terminating or reducing the size of the Development Area, or terminating territorial protections. This could allow Cream or its affiliates to establish or operate a Jeni's Ice Creams Scoop Shop in the franchisee's current or former Development Area.