factual

Does Cream advise franchisees to obtain advice from professional advisors before signing permitting or licensing applications?

Cream Franchise · 2025 FDD

Answer 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.

Source: Item 23 — RECEIPTS (FDD pages 61–192)

What This Means (2025 FDD)

According to the 2025 Cream FDD, Cream advises prospective franchisees to seek advice from professionals, such as lawyers and accountants, to review the franchise documents. This advice is to help the franchisee understand the documents before signing any agreements or paying any fees to Cream or its affiliates. Cream emphasizes that all rights and responsibilities related to the franchise are detailed within these agreements.

Cream wants franchisees to understand that purchasing a franchise is not a guarantee of success and involves business risks. These risks include the franchisee's skills and abilities, time devoted to the business, competition, interest rates, economic conditions, operating costs, location, and lease terms. Cream states that the success or failure of the business depends primarily on the franchisee's efforts.

Cream also states that no statements, promises, or assurances have been made regarding the franchise that are contrary to or different from the information contained in the FDD. The franchisee's decision to purchase the franchise should not be influenced by any oral representations, assurances, warranties, guarantees, or promises made by Cream or its representatives. Cream wants franchisees to make their own independent determination that they have the necessary capital to fund the franchise.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.