What approvals are required from Cream before a franchisee can open their shop?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
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Prior to Opening Your Shop
Before you begin operating your Shop, we or our designees will:
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- If you have not received approval for a Premises for your Shop upon signing your agreement, we will review and approve or disapprove a proposed site for your Shop (Area Development Agreement, Section 2.C; Franchise Agreement – Sections 2.A).
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- Review and approve or disapprove the Construction Plans and Lease (each defined below) for your Shop. Other than the Proprietary Products sold by Parent, we do not directly provide, deliver, or install any equipment, signs, fixtures, opening inventory, or supplies for our franchisees (Franchise Agreement – Section 2.B and 2.C).
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- If you are opening your first Jeni's Ice Creams Scoop Shop, provide the Initial Training Program to your Mandatory Trainees (Franchise Agreement – Section 4.A).
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- If you are opening your first Jeni's Ice Creams Scoop Shop, provide on-site opening support for five days in connection with your grand opening (Franchise Agreement – Section 4.C).
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- Make our Brand Manual available to you (Franchise Agreement − Section 4.E).
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- Approve or disapprove your grand opening advertising program (Franchise Agreement Section 9.A).
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- Review and either approve or disapprove your Shop to open for business (Franchise Agreement – Section 2.C).
Site Selection
You are responsible for selecting a site for your Premises and obtaining our approval of that site. Neither we nor our affiliates generally own the sites for Jeni's Ice Creams Scoop Shops or lease any such sites to franchisees. If you have not located a site for the Premises when you sign the Franchise Agreement, we will identify a site selection area in your Franchise Agreement, and unless you have our prior written approval, you will not be permitted to search for a site outside of that site selection area. You must send us all of the information we require to evaluate each proposed site. You must obtain our approval of you site within 120 days after signing the Franchise Agreement. We will make all determinations about whether to approve a site based on our then-current criteria, including visibility, size, layout, adjacent uses, parking, demographics, local competition, and other factors. If we elect to visit any site in person, we will not charge a fee in connection with the first site evaluation visit; however, if we require or if you request any additional site evaluation visits (with respect to the same site or alternative sites), you must pay us $2,000 per site evaluation visit, plus reimburse the outof-pocket costs and expenses. Currently, we estimate that we will provide notice of our decision to approve or disapprove a proposed site within 30 days of receiving the request.
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS, AND TRAINING (FDD pages 28–35)
What This Means (2025 FDD)
According to Cream's 2025 Franchise Disclosure Document, several approvals are needed before a franchisee can open their shop. Cream must approve the proposed site for the shop. If a site hasn't been secured when the Franchise Agreement is signed, Cream will define a site selection area, and site searches outside this area require prior written approval. Franchisees must submit all required information for site evaluation, and Cream will base its decision on factors like visibility, size, layout, parking, demographics, and competition. While the first site evaluation visit is free, subsequent visits cost $2,000 plus expenses.
After Cream approves the site, but before the lease is signed, franchisees must engage Cream's approved architect to develop construction plans that comply with Cream's design specifications, ordinances, building codes, and lease requirements. Cream must approve these Construction Plans before the lease is signed. Cream must also approve the Lease itself before it is signed. Franchisees have 120 days from signing the Franchise Agreement to get site approval and secure the site under an approved Lease. Failure to meet these deadlines may result in termination of the Franchise Agreement.
Before opening, Cream must review and approve the Construction Plans and Lease for the shop. Cream will also review and approve or disapprove the shop to open for business. Additionally, Cream must approve the franchisee's grand opening advertising program. These multiple layers of approval ensure that each Cream location aligns with the brand's standards and operational requirements, although they also place responsibility on the franchisee to meet deadlines and manage the approval processes efficiently.