Who bears the expense of alterations specified by Cream to distinguish a franchisee's business under Section 15.D?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
below, promptly and at your own expense, make the alterations we specify to distinguish your Shop clearly from its former appearance and from other 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;
Source: Item 23 — RECEIPTS (FDD pages 61–192)
What This Means (2025 FDD)
According to the 2025 FDD, the franchisee is responsible for the expenses associated with alterations specified by Cream to distinguish the franchisee's business. Specifically, if Cream does not exercise its option to purchase the Shop under Section 15.D, the franchisee must promptly make alterations at their own expense.
These alterations are those that Cream specifies to clearly distinguish the Shop from its former appearance and from other Jeni's Ice Creams Scoop Shops. This includes removing all materials and signage bearing Cream's marks and removing all materials and components of Cream's trade dress from both the interior and exterior of the premises.
The purpose of these alterations is to prevent public confusion and to comply with the non-competition provisions outlined in Section 15.C of the Franchise Agreement. This ensures that the former franchisee does not unfairly benefit from Cream's brand recognition after the termination or non-renewal of the franchise agreement.