Does compliance with all agreements affect my Protected Territory with Cream?

According to Cream's 2025 Franchise Disclosure Document, your compliance with all agreements significantly affects your Protected Territory. Specifically, if you are in compliance with your Franchise Agreement and all other agreements with Cream and its affiliates, neither Cream nor its affiliates will establish or operate or authorize any other person to establish or operate a Jeni's Ice Creams Scoop Shop in your Protected Territory. This protection is subject to certain exclusions and limitations detailed in the FDD.

However, it's important to note that Cream retains several rights, even within your Protected Territory. Cream can establish other types of businesses that offer similar or competitive products under different trademarks. They can also establish alternative distribution channels, such as retail sales or digital presence, even if they compete with your Cream shop. Furthermore, Cream can operate Jeni's Ice Creams Scoop Shops in non-traditional venues like airports or entertainment centers within your Protected Territory.

For franchisees entering into an Area Development Agreement, similar conditions apply. As long as you comply with the Area Development Agreement and all related Franchise Agreements, Cream will not establish or authorize other Jeni's Ice Creams Scoop Shops within your Development Area. However, this protection does not extend to other types of businesses or alternative distribution channels that Cream might establish, even if they compete with your Cream shops. Therefore, while compliance ensures protection from direct franchise competition within your territory, Cream retains considerable freedom to operate other businesses and channels that may compete with your franchise.