Does the definition of Confidential Information for Cream include training and operations materials?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
In connection with your Shop, you and your owners and personnel may from time to time be provided and/or have access to non-public information about the System and operation of Jeni's Ice Creams Scoop Shops, including your Shop (the "Confidential Information"), including: (1) site selection criteria, market or demographic research, and/or other real estate reports; (2) training and operations materials and manuals, including the Brand Manual; (3) the System Standards and other methods, formats, specifications, standards, systems, procedures, techniques, sales and marketing techniques, knowledge, and experience used in developing, promoting, and operating Jeni's Ice Creams Scoop Shops; (4) recipes, ingredient lists, nutrition facts, methods of preparation, and other information about products and menu items, including the existence or specifications of any seasonal or other unreleased products and menu items; (5) market research, promotional, marketing, and advertising programs for Jeni's Ice Creams Scoop Shops; (6) the identity or specifications of any of our required, approved, or designated suppliers, products, services; (7) any software or technology
Source: Item 23 — RECEIPTS (FDD pages 61–192)
What This Means (2025 FDD)
According to Cream's 2025 Franchise Disclosure Document, the definition of Confidential Information does include training and operations materials. Cream defines Confidential Information as non-public information about the System and the operation of Jeni's Ice Creams Scoop Shops. This includes, but is not limited to, site selection criteria, market research, real estate reports, training and operations materials and manuals, and the Brand Manual.
Cream also considers System Standards, methods, formats, specifications, standards, systems, procedures, techniques, sales and marketing techniques, knowledge, and experience used in developing, promoting, and operating Jeni's Ice Creams Scoop Shops as Confidential Information. Additionally, recipes, ingredient lists, nutrition facts, methods of preparation, and other information about products and menu items, including seasonal or unreleased products, are included.
This means that as a franchisee, you are obligated to protect all of these materials and information as confidential. Unauthorized use or disclosure of this information could result in irreparable harm to Cream and its affiliates, potentially leading to legal action. Franchisees must ensure that their employees and representatives who have access to this information also maintain its confidentiality.