What is Cream's definition of 'Confidential Information' regarding recipes and ingredients?
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, Confidential Information includes recipes, ingredient lists, nutrition facts, methods of preparation, and other information about products and menu items. This extends to details about seasonal or unreleased products and menu items. Cream considers this information proprietary and a trade secret, disclosing it to franchisees only under the condition that they protect it. Unauthorized use or disclosure is considered an unfair method of competition and a breach of trust.
Cream requires franchisees and their personnel to keep this information confidential. Franchisees must only use the confidential information to operate their Cream shop. They are also responsible for ensuring that anyone they share the information with, such as employees, also adheres to these confidentiality requirements. Franchisees must also follow Cream's privacy policies and standards for handling this information.
Prospective franchisees should understand that this definition places a significant responsibility on them to safeguard Cream's proprietary information. This includes implementing security measures and ensuring that all staff are aware of and comply with the confidentiality requirements. Failure to do so could result in legal action and financial penalties, as well as damage the relationship with Cream.