What criteria does Cream use to approve a site?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
business (Franchise Agreement – Section 2.C).
Site Selection
You are responsible for selecting a site for your Premises and obtaining our approval of that site. Neither we nor our affiliates generally own the sites for Jeni's Ice Creams Scoop Shops or lease any such sites to franchisees. If you have not located a site for the Premises when you sign the Franchise Agreement, we will identify a site selection area in your Franchise Agreement, and unless you have our prior written approval, you will not be permitted to search for a site outside of that site selection area. You must send us all of the information we require to evaluate each proposed site. You must obtain our approval of you site within 120 days after signing the Franchise Agreement. We will make all determinations about whether to approve a site based on our then-current criteria, including visibility, size, layout, adjacent uses, parking, demographics, local competition, and other factors. If we elect to visit any site in person, we will not charge a fee in connection with the first site evaluation visit; however, if we require or if you request any additional site evaluation visits (with respect to the same site or alternative sites), you must pay us $2,000 per site evaluation visit, plus reimburse the outof-pocket costs and expenses. Currently, we estimate that we will provide notice of our decision to approve or
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, franchisees are responsible for selecting a site for their premises, which is subject to Cream's approval. If a franchisee hasn't located a site when signing the Franchise Agreement, Cream will identify a site selection area, restricting the franchisee's search to that area unless Cream provides prior written approval to search elsewhere.
Cream will evaluate proposed sites based on its current criteria, which include visibility, size, layout, adjacent uses, parking, demographics, and local competition. Cream also considers other unspecified factors in its decision-making process. Franchisees must submit all required information for each proposed site to Cream for evaluation. Cream estimates it will notify the franchisee of its decision to approve or disapprove a site within 30 days of receiving the request.
Cream may elect to visit potential sites in person. The first site evaluation visit is free; however, subsequent visits, whether required by Cream or requested by the franchisee, incur a fee of $2,000 per visit, plus reimbursement for out-of-pocket costs and expenses. After Cream approves a site, franchisees must engage Cream's approved architect to develop detailed construction plans that comply with Cream's design specifications, prototypical plans, and all applicable ordinances, building codes, permit requirements, and lease restrictions. These construction plans and the lease itself also require Cream's approval before the franchisee can proceed.
Cream requires franchisees to obtain site approval and secure possession of the site under an approved lease within 120 days of signing the Franchise Agreement. Failure to meet these deadlines may result in termination of the Franchise Agreement. This process highlights the importance of thorough site selection and adherence to Cream's guidelines to avoid potential delays and financial penalties.