In connection with the operation of my Cream shop, what materials am I allowed to use?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
and Fund at the same rate as franchise-owned Jeni's Ice Creams Scoop Shops.
Your Local Advertising. You are responsible for conducting all local advertising for your Shop. However, you must satisfy our System Standards for all advertising for your Shop and/or using the Marks or the System. Our System Standards may require that you advertise and market your Shop in specific advertising mediums we determine, use forms of advertisement we approve, list your Shop with the online directories and subscriptions we prescribe, and/or include links or references to Digital Presences in the manner we prescribe. Your advertising, promotion, and marketing must be completely clear, factual, and not misleading and conform to both the highest standards of ethical advertising and marketing and the advertising and marketing policies that we prescribe. At least 14 days before you use them, you must send us for approval samples of all advertising, promotional, and marketing materials which we have not prepared or previously approved. If you do not receive written approval within 14 days after we receive the materials, they are deemed to be disapproved. Once we approve the materials, you are permitted to use them. However, we may withdraw our approval at any time and for any reason. You may not use any advertising, promotional, or marketing materials that we have not approved or have disapproved. We may also elect to control any or all Digital Presences associated with the Marks and/or your Shop, including that we may elect to control responses posted to comments of your customers on third-party platforms and directories.
Charitable, Social, and Community Initiatives. Charitable, social, and community initiatives are a core component of our System. We may from time to time establish national or local charitable, social, or community events and initiatives for Jeni's Ice Creams Scoop Shops. Your Shop must participate in these events and initiatives in accordance with our System Standards, including that we may require you to donate some or all your Net Sales derived from certain events (together, "Ice Cream Socials")
to national or local charitable, social, and/or community organizations that we have approved or designated. We may promote Ice Cream Socials in any manner, including on a national or regional basis. Your Shop's marketing must be consistent with ours and you must offer the Ice Cream Social at your Shop as required. We may also establish local marketing practices, activities, tactics, and/or goals for Jeni's Ice Creams Scoop Shops, including guidance on integrating community involvement into the operations and marketing for your Shop, generating local press for your community events and marketing efforts, and promoting national and local programs. Your Shop and your Shop's marketing, advertising, and promotions must comply with all such guidelines and our System Standards. Your Shop must also satisfy all criteria we establish relating to local, social, and/or charitable activities and community engagement, including satisfying third-party certifications we designate relating to social, charitable, and community impact.
You must also use your best efforts to identify and support charitable, social, and community organizations and causes in your local area that are consistent with our System and System Standards. You must obtain our express written approval of all organizations, initiatives, and causes that your Shop will support and/or will be marketed from your Shop and/or to customers of your Shop. You may not use your Shop, our Marks, and/or our System in any manner to promote any organization, charity, cause, and/or platform that we have not expressly approved, and/or that we have disapproved.
Digital Presences. We may establish and develop Digital Presences to advertise, market, and promote Jeni's Ice Creams Scoop Shops, the products and services that they offer and sell, or the Jeni's Ice Creams Scoop Shop franchise opportunity. We may, but are not obligated to, reference, advertise, describe, and/or promote your Shop on any Digital Presence that we maintain or manage. Except as authorized by us, you may not develop, maintain, or authorize any Digital Presence that mentions your Shop, links to any Digital Presence that we manage or maintain, or displays any of the Marks. You may also not engage in any promotional or similar activities, or sell any products or services, whether directly or indirectly, through any Digital Presence, without our prior written approval. If we approve the use of any such Digital Presence in the operation of your Shop, you will develop and maintain such Digital Presence only in accordance with our guidelines, including our guidelines for posting any messages or commentary on third-party websites and/or maintaining an online privacy policy. We will own the rights to each such Digital Presence that you manage. We may require you to use a supplier we designate to manage any and all Digital Presences associated with your Shop and/or our System, including that we may require you to engage a supplier we have designated or approved to manage content and/or comments and responses on any and all Digital Presences.
Franchise Advisory Council. We do not have a franchisee advisory council that advises us on advertising policies.
Advertising Cooperatives. We do not have any local or regional advertising cooperatives.
Computer System
You must obtain and install the computer hardware, software, and point-of-sale system that we approve for Jeni's Ice Creams Scoop Shops (collectively, the "Computer System"). We may modify System Standards for the Computer System from time to time, including the designated or approved suppliers for the Computer System, and you must update your Computer System to comply with the modified System Standards promptly after you receive notice. There are no contractual limitations on the frequency and cost of this obligation, and we are not required to reimburse you for these costs.
Currently, the Computer System is comprised of (i) point-of-sale software with one to two hardware terminals and the same number of receipt printers, including integration for online delivery management; (ii) labor management and scheduling software which connects to payroll and timekeeping applications; (iii) accounting software; (iv) internal communications and inventory management software; (v) reputation management software;
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS, AND TRAINING (FDD pages 28–35)
What This Means (2025 FDD)
According to the 2025 FDD, Cream franchisees are permitted to use approved advertising, promotional, and marketing materials. Franchisees must submit samples of these materials to Cream for approval at least 14 days before use. If written approval is not received within 14 days after Cream receives the materials, they are considered disapproved. Cream can withdraw approval at any time and for any reason. Franchisees cannot use materials that have not been approved or have been disapproved by Cream.
Cream also allows franchisees to use its Marks and certain copyrighted and copyrightable materials in connection with the operation of their shop. Cream will make its Brand Manual available to franchisees during the term of the Franchise Agreement, which includes System Standards, specifications, standards, procedures, and information for operating Jeni's Ice Creams Scoop Shops. The Brand Manual may include manuals, newsletters, memos, bulletins, audio or video content, and other content available through digital means.
Cream may establish national or local charitable, social, or community events and initiatives, and the franchisee's shop must participate in these events in accordance with Cream's System Standards. Franchisees must also use their best efforts to identify and support charitable, social, and community organizations and causes in their local area that are consistent with Cream's System and System Standards. Franchisees must obtain Cream's express written approval of all organizations, initiatives, and causes that their shop will support and/or will be marketed from their shop and/or to customers of their shop. Franchisees may not use their shop, Cream's Marks, and/or Cream's System in any manner to promote any organization, charity, cause, and/or platform that Cream has not expressly approved, and/or that they have disapproved.
Cream may establish and develop Digital Presences to advertise, market, and promote Jeni's Ice Creams Scoop Shops. Franchisees may not develop, maintain, or authorize any Digital Presence that mentions their shop, links to any Digital Presence that Cream manages or maintains, or displays any of the Marks, without Cream's authorization. If Cream approves the use of any such Digital Presence in the operation of the franchisee's shop, the franchisee will develop and maintain such Digital Presence only in accordance with Cream's guidelines. Cream may require franchisees to use a supplier they designate to manage any and all Digital Presences associated with their shop and/or Cream's System.