What actions must a Cream franchisee take to evidence Cream's ownership of a Digital Presence?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
r Jeni's Ice Creams Scoop Shops, including by removing all materials and signage bearing our Marks and removing from both the interior and exterior of the Premises all materials and components of our trade dress as we determine to be necessary in order to prevent public confusion and in order to comply with the non-competition provisions set forth in Section 15.C;
- (5) cease using and, at our direction, either disable or transfer, assign, or otherwise convey to us full control of all Contact Information and Digital Presences that you used to operate your Shop or that displays any of the Marks or any reference to the franchise system (provided that all liabilities and obligations arising from any such Contact Information or Digital Pres
Source: Item 23 — RECEIPTS (FDD pages 61–192)
What This Means (2025 FDD)
According to the 2025 FDD, a Cream franchisee must provide evidence satisfactory to Cream that they have complied with obligations related to the closure and de-identification of their shop. This includes actions related to digital presences. Specifically, the franchisee must cease using and, at Cream's direction, either disable or transfer, assign, or otherwise convey to Cream full control of all contact information and digital presences that they used to operate their shop. This includes digital presences that display any of Cream's marks or any reference to the franchise system.
Cream retains ownership of all accounts associated with any digital presence relating to the Cream system or Cream's marks. This includes all documents, data, materials, and messages shared from or by such accounts, and any and all branded email addresses and/or other accounts used by the franchisee, their principal owner, shopkeepers, and/or other personnel in connection with the shop. Cream may deactivate any such account or limit the franchisee's or their users' access to it at any time.
The franchisee remains solely responsible for all liabilities and obligations arising from any such contact information or digital presence prior to the date of the transfer, assignment, or conveyance to Cream. Any costs Cream incurs in connection with this transfer will be indemnifiable under Section 16.D of the franchise agreement. This means the franchisee will be responsible for covering those costs.