On what basis does Cream determine whether to approve or disapprove a site?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
t our prior approval. If we approve the relocation of your Shop, you must pay a relocation fee of $7,500, plus reimbursement of our out-of-pocket expenses processing the change, including legal fees.
You agree to send us all of the information we require for the proposed site. We will make all determinations about whether to approve or disapprove a site based on our then-current criteria, which may change periodically. We are not obligated to visit any site you propose for your Shop in person, though we may elect to do so. We will not charge a fee in connection with the first such site evaluation visit we elect to conduct; 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 out-of-pocket costs and expenses we and our representatives incur, including travel, food, accommodations, and third-party fees. If we recommend, approve, or give you information regarding a site for the Premises, that is not a representation or warranty of any kind, express or implied, of its suitability for a Jeni's Ice Creams Scoop Shop or any other purpose. Our recommendation and/or approval of any site indicates only that the site meets our then-current minimum criteria which have been established for our own purposes and are not intended to be relied on by you as an indicator of success. You agree that you are not relying on our site approval for your benefit. You further acknowledge that you have been advised to conduct your own indep
Source: Item 23 — RECEIPTS (FDD pages 61–192)
What This Means (2025 FDD)
According to Cream's 2025 Franchise Disclosure Document, Cream determines whether to approve or disapprove a proposed site based on their "then-current criteria, which may change periodically." The franchisee is required to provide all necessary information for the proposed site to Cream for evaluation. Cream does not have an obligation to visit the proposed site in person, but may choose to do so.
If Cream elects to conduct a site evaluation visit, the first visit is free. However, any additional site evaluation visits, whether required by Cream or requested by the franchisee, will cost the franchisee $2,000 per visit, plus reimbursement for out-of-pocket expenses incurred by Cream and its representatives. These expenses include travel, food, accommodations, and third-party fees.
Cream states that any recommendation, approval, or information provided regarding a site should not be considered a representation or warranty of its suitability for a Jeni's Ice Creams Scoop Shop or any other purpose. Cream's approval indicates only that the site meets their minimum criteria, which are established for their own purposes and should not be relied upon as an indicator of success. The franchisee is advised to conduct their own independent investigation before selecting a site, and Cream is not responsible if the selected site fails to meet the franchisee's expectations. Cream retains the absolute right to disapprove any proposed development for any reason, including if the site or the franchisee does not meet Cream's current criteria for new franchise development, or if the franchisee or its affiliates are not in compliance with the Development Agreement or any Franchise Agreements with Cream.