Can the Cream Brand Fund be used to pay for market research?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
supporting public relations, market research, and other advertising, promotion, and marketing strategy or implementation activities; and/or any other expenditures that are directly or indirectly related to promoting the Marks, the System, the brand, and/or Jeni's Ice Creams Scoop Shops. We may also use the Brand Fund to pay for the Brand Fund's administrative and overhead costs, including the reasonable salaries and benefits of personnel who manage and administer the Brand Fund, and any other expenses that we or our affiliates incur that are related to administering or directing the Brand Fund and its programs. We may modify Brand Fund expenditures at any time.
Neither we nor any of our affiliates has any fiduciary obligation to you or any other person for administering the Brand Fund. We will not make the financial statements of the Brand Fund available for review by franchisees. We may reduce or suspend Brand Fund Contributions and/or operations of the Brand Fund for one or more periods of any length and terminate (and, if terminated, reinstate) the Brand Fund and associated Brand Fund Contributions. If we terminate the Brand Fund, we will spend the remaining balance of the monies in the Brand Fund in accordance with our System Standards until such amounts are exhausted. We may elect to maintain multiple Brand Funds, whether determined by geographic region, country, or otherwise, or consolidate or merge multiple Brand Funds.
We do not currently have any franchisees, and therefore we did not collect any Brand Fund Contributions or spend any amounts from any Brand Fund on media production, media placement, administration, or to solicit new franchise sales in our most recently completed fiscal year. Jeni's Ice Creams Scoop Shops owned by us or our affiliates will contribute to the Brand Fund at the same rate as franchise-owned Jeni's Ice Creams Scoop Shops.
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, the Brand Fund can be used to support market research. Cream has established a brand promotion fund (the "Brand Fund") to administer advertising, marketing, and public relations programs for the Cream system and the promotion of Jeni's Ice Creams Scoop Shops.
The Brand Fund may be used for supporting public relations, market research, and other advertising, promotion, and marketing strategy or implementation activities. It can also cover administrative and overhead costs, including salaries and benefits for personnel managing the Brand Fund, and other expenses related to administering the fund and its programs. Cream retains the right to modify Brand Fund expenditures at any time.
Cream does not have any fiduciary obligation to franchisees regarding the Brand Fund. Cream will not make the financial statements of the Brand Fund available for franchisee review. Cream may reduce or suspend Brand Fund Contributions and/or operations of the Brand Fund for one or more periods of any length and terminate (and, if terminated, reinstate) the Brand Fund and associated Brand Fund Contributions. If Cream terminates the Brand Fund, it will spend the remaining balance of the monies in the Brand Fund in accordance with its System Standards until such amounts are exhausted. Cream may elect to maintain multiple Brand Funds, whether determined by geographic region, country, or otherwise, or consolidate or merge multiple Brand Funds.
Cream does not currently have any franchisees, and therefore did not collect any Brand Fund Contributions or spend any amounts from any Brand Fund on media production, media placement, administration, or to solicit new franchise sales in its most recently completed fiscal year. Jeni's Ice Creams Scoop Shops owned by Cream or its affiliates will contribute to the Brand Fund at the same rate as franchise-owned Jeni's Ice Creams Scoop Shops.