What is the definition of 'Franchise Agreement' in the context of the lease agreement for a Cream franchise?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
Landlord acknowledges that Tenant intends to operate a Jeni's® Shop (a "Jeni's Ice Creams Scoop Shop") at the Premises, and that Tenant's rights to operate the Jeni's Ice Creams Scoop Shop and to use the Jeni's*®* name, trademarks, and service marks (the "Marks") are solely pursuant to a franchise agreement ("Franchise Agreement") between Tenant and Jeni's Splendid Ice Creams Franchise, LLC ("Franchisor").
Source: Item 23 — RECEIPTS (FDD pages 61–192)
What This Means (2025 FDD)
According to Cream's 2025 Franchise Disclosure Document, the 'Franchise Agreement' in the context of the lease agreement refers to the agreement between the tenant (franchisee) and Jeni's Splendid Ice Creams Franchise, LLC (the franchisor). This agreement grants the tenant the right to operate a Jeni's Ice Creams Scoop Shop and use the Jeni's name, trademarks, and service marks.
The lease agreement acknowledges the existence of this Franchise Agreement and its importance to the operation of the Cream franchise at the premises. The landlord agrees not to take any action that would prevent the tenant from operating the Jeni's Ice Creams Scoop Shop as outlined in the Franchise Agreement.
Furthermore, the lease can be collaterally assigned to Cream to secure the franchisee's obligations under the Franchise Agreement. Cream also has the right to enter the premises for purposes permitted under the Franchise Agreement, such as inspections or managing the business if the franchisee defaults. The Franchise Agreement is central to the relationship between the franchisee, franchisor, and the leased premises.