What aspects of a Cream Shop's operation can System Standards regulate?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
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:
(1) amounts and types of fixtures, furniture, equipment, components of the Computer System, furnishings, signs, and other operating assets, inventory, products, materials, and services used by a Jeni's Ice Creams Scoop Shop;
(2) sales, marketing, advertising, and promotional campaigns, including prize contests, special offers, and other national, regional, or location marketing programs, and materials and media used in these programs;
(3) minimum staffing levels, qualifications, training, uniforms, and appearance (although you have sole responsibility and authority concerning all other matters relating to employee and personnel, including hiring and promotion, hours worked, rates of pay and other benefits, work assigned, the manner of performing work, and working conditions);
- (4) use and display of the Marks;
- (5) days and hours of operation;
(6) accepting credit and debit cards, other payment systems, currencies, and check verification services;
(7) participation in market research and testing and product and service development programs;
(8) issuing and honoring gift cards, gift certificates, and similar items, and participating in loyalty programs;
(9) menus, including product offerings, recipes, appearance, and nutrition, allergen, and similar information;
(10) bookkeeping, accounting, data processing, reporting, and recordkeeping systems and forms;
- (11) participation in quality assurance and customer satisfaction programs;
(12) policies for the registration, use, content, and/or management of Digital Presences or other technology systems, solutions, or products;
(13) use of any third-party food delivery, online ordering, or other order management or fulfillment services;
(14) types, amounts, terms, and conditions of insurance coverage required for your Shop, including criteria for your insurance carriers; and
(15) any other aspects of operating and maintaining your Shop that we determine to be useful to preserve or enhance the efficient operation, image or goodwill of the Marks and Jeni's Ice Creams Scoop Shops.
Source: Item 23 — RECEIPTS (FDD pages 61–192)
What This Means (2025 FDD)
According to Cream's 2025 Franchise Disclosure Document, System Standards can regulate virtually any aspect of a Cream shop's operation and maintenance. Cream retains the right to periodically modify these System Standards; however, the franchisee retains sole responsibility for the day-to-day management, operation, implementation, and maintenance of these standards at their shop.
Specifically, System Standards may regulate the amounts and types of fixtures, furniture, equipment, components of the computer system, furnishings, signs, and other operating assets, inventory, products, materials, and services used by a Cream shop. They also cover sales, marketing, advertising, and promotional campaigns, including prize contests, special offers, and other national, regional, or location marketing programs, and materials and media used in these programs.
Furthermore, System Standards include minimum staffing levels, qualifications, training, uniforms, and appearance. They also regulate the use and display of the Marks; days and hours of operation; accepting credit and debit cards, other payment systems, currencies, and check verification services; participation in market research and testing and product and service development programs; issuing and honoring gift cards, gift certificates, and similar items, and participating in loyalty programs; menus, including product offerings, recipes, appearance, and nutrition, allergen, and similar information; bookkeeping, accounting, data processing, reporting, and recordkeeping systems and forms; participation in quality assurance and customer satisfaction programs; policies for the registration, use, content, and/or management of Digital Presences or other technology systems, solutions, or products; use of any third-party food delivery, online ordering, or other order management or fulfillment services; types, amounts, terms, and conditions of insurance coverage required for your Shop, including criteria for your insurance carriers; and any other aspects of operating and maintaining your Shop that we determine to be useful to preserve or enhance the efficient operation, image or goodwill of the Marks and Jeni's Ice Creams Scoop Shops.