Can Cream control the menus, including product offerings and recipes?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
onal property and equipment used in operating your Shop, and/or make one or more additional and/or material improvements to your Shop, when reasonably required by us to comply with our System Standards.
C. PRODUCTS AND SERVICES YOUR SHOP OFFERS.
You agree that you will: (1) offer and sell from your Shop all of the products and services that we periodically specify; (2) not offer or sell at your Shop, the Premises, or any other location any products or services we have not authorized using our Marks or System; and (3) discontinue selling and offering for sale any products or services that we at any time disapprove. You will offer for sale and sell at your Shop authorized products and services only in the manner (including, days and hours of operation) and at the locations we have prescribed, including that you will not sell any products or services wholesale or through alternative channels of distribution without our express approval. We may modify the products and services you are authorized or required to offer and sell at your Shop at any time and from time to time, and/or to set System Standards for such products or services.
We may authorize one or more Jeni's Ice Creams Scoop Shops to offer additional, different, or modified attractions, products, or services, and we are under no obligation to authorize every Jeni's Ice Creams Scoop Shop to offer the same products or services. We may condition our approval for any such products or services on our then-current criteria, and/or additional terms and conditions that we establish. If we at any time (including after our initial approval) determine that you fail to meet our System Standards for offering or selling any products or services, we may permanently or temporarily terminate your right to offer or sell such products or services; provided, that nothing contained herein will be deemed a waiver of our right to terminate pursuant to Section 14.C.
We may periodically authorize you to offer off-site products or services from your Shop, including delivery and/or catering. If we authorize you to offer any off-site products or services from your Shop, you must comply with all of our System Standards that we establish for such products and services, which may include geographic limitations for where you may offer such products and services.
Source: Item 23 — RECEIPTS (FDD pages 61–192)
What This Means (2025 FDD)
According to Cream's 2025 Franchise Disclosure Document, Cream has significant control over the menus offered at its franchise locations. Cream specifies that franchisees must offer and sell all products and services that Cream periodically specifies. Cream also retains the right to modify the products and services that franchisees are authorized or required to offer and sell at their shops at any time.
Cream has the authority to disapprove any products or services that a franchisee offers. Cream also sets System Standards for products or services. Cream may authorize one or more Cream Scoop Shops to offer additional, different, or modified attractions, products, or services, and Cream is under no obligation to authorize every Cream Scoop Shop to offer the same products or services.
Cream also specifies that the System Standards include menus, including product offerings, recipes, appearance, and nutrition, allergen, and similar information. Cream may modify the System, and franchisees agree to make such modifications and updates as Cream specifies and to comply with all other directions Cream gives regarding the use of the System in connection with the Shop within a reasonable time after receiving notice from Cream.