What is Cream's definition of 'Confidential Information' regarding operating results and financial performance?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
with making such changes, promoting a modified or substitute Mark, or for any loss of revenue due to any modification to the Marks or System.
6. PROPRIETARY INFORMATION.
A. CONFIDENTIALITY.
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
which is proprietary to the System, including any login credentials for, source code of, and data, reports, and other materials generated by, the software or technology; (8) knowledge of the operating results and financial performance of any Jeni's Ice Creams Scoop Shops, including your Jeni's Ice Creams Scoop Shops;
Source: Item 23 — RECEIPTS (FDD pages 61–192)
What This Means (2025 FDD)
According to Cream's 2025 Franchise Disclosure Document, Confidential Information includes knowledge of the operating results and financial performance of any Jeni's Ice Creams Scoop Shops, including the franchisee's own shop. This means that Cream considers data related to how well a shop is doing financially to be confidential and proprietary.
As a Cream franchisee, you are obligated to protect this information. You cannot disclose the financial performance of your shop or any other Cream location to unauthorized parties. This restriction aims to prevent competitors from gaining insights into Cream's business strategies and performance metrics.
The FDD specifies that all Confidential Information is owned by Cream or its affiliates. Franchisees only have the right to use this information as specified in the franchise agreement during the term of the agreement. Unauthorized use or disclosure of Confidential Information is considered a breach of trust and can result in irreparable harm to Cream, potentially leading to legal action.