What is the definition of 'de-identification' in the context of a terminated Cream franchise agreement?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
B. DE-IDENTIFICATION.
Upon termination or expiration of this Agreement, you and your owners must immediately:
- (1) close your Shop for business to customers and cease to directly or indirectly sell any products and services of any kind and in any manner from your Shop and/or using the Marks, unless we direct you otherwise in connection with our exercise of our option to purchase pursuant to Section 15.D;
- (2) cease to directly or indirectly use any Mark, any colorable imitation of a Mark, other indicia of a Jeni's Ice Creams Scoop Shop, or any trade name, trademark, service mark, or other commercial symbol that indicates or suggests a connection or association with us or the System, in any manner or for any purpose (except in connection with other Jeni's Ice Creams Scoop Shops you operate in compliance with the terms of a valid Franchise Agreement with us);
- (3) cease to directly or indirectly identify yourself or your business as a current or former Jeni's Ice Creams Scoop Shop or as one of our current or former franchise owners (except in connection with other Jeni's Ice Creams Scoop Shops you operate in compliance with the terms of a valid Franchise Agreement with us) and take the action required to cancel or assign all fictitious or assumed name or equivalent registrations relating to your use of any Mark;
- (4) if we do not exercise our option to purchase your Shop under Section 15.D below, promptly and at your own expense, make the alterations we specify to distinguish your Shop clearly from its former appearance and from other Jeni's Ice Creams Scoop Shops, including by removing all materials and signage bearing our Marks and removing from both the interior and exterior of the Premises all materials and components of our trade dress as we determine to be necessary in order to prevent public confusion and in order to comply with the non-competition provisions set forth in Section 15.C;
- (5) cease using and, at our direction, either disable or transfer, assign, or otherwise convey to us full control of all Contact Information and Digital Presences that you used to operate your Shop or that displays any of the Marks or any reference to the franchise system (provided that all liabilities and obligations arising from any such Contact Information or Digital Presence prior to the date of the transfer, assignment, or conveyance to us will remain your sole responsibility in all respects, and any costs we incur in connection therewith will be indemnifiable under Section 16.D);
- (6) return to us or destroy (as we require) all items, forms, and materials containing any Mark or otherwise identifying or relating to Jeni's Ice Creams Scoop Shops, and any and all Confidential Information (including the Brand Manual and any and all customer data or other information from your Computer System);
- (7) comply with all other System Standards we establish from time to time (and all applicable laws) in connection with the closure and de-identification of your Shop, including as it relates to disposing of Personal Information, in any form, in your possession or the possession of any of your employees; and
- (8) give us evidence satisfactory to us of your compliance with these obligations.
Source: Item 23 — RECEIPTS (FDD pages 61–192)
What This Means (2025 FDD)
According to Cream's 2025 Franchise Disclosure Document, 'de-identification' in the context of a terminated franchise agreement involves several actions the franchisee must take to disassociate themselves and their business from the Cream brand.
Specifically, upon termination or expiration of the franchise agreement, the franchisee must immediately close their shop to customers and cease selling any products or services related to Cream, unless Cream directs otherwise. The franchisee must also stop using any Cream trademarks, imitations, or any commercial symbols that suggest an association with Cream. This includes ceasing to identify themselves as a current or former Cream franchisee.
Furthermore, if Cream does not exercise its option to purchase the shop, the franchisee is responsible for altering the shop's appearance to clearly distinguish it from its former Cream branding and from other Cream locations. This includes removing all Cream signage and trade dress. The franchisee must also cease using and transfer control of all contact information and digital presences associated with the shop to Cream. Finally, the franchisee must return or destroy all items containing Cream trademarks or confidential information, and comply with all system standards related to the closure and de-identification of the shop, including those related to disposing of personal information.