What is the definition of 'Marks' in the context of the lease agreement for a Cream franchise?

According to the 2025 FDD, in the context of the lease agreement for a Cream franchise, "Marks" refers to the "Jeni's*®* name, trademarks, and service marks". The landlord acknowledges that the tenant (franchisee) will operate a "Jeni's Ice Creams Scoop Shop" at the premises and that the franchisee's rights to operate the shop and use the Marks are solely based on the franchise agreement with Jeni's Splendid Ice Creams Franchise, LLC (the franchisor).

This acknowledgement is crucial because it establishes that the Cream franchisee's right to operate under the Jeni's name and branding is contingent upon a valid franchise agreement. The landlord's recognition of this relationship protects the franchisor's brand identity and ensures that the landlord understands the franchisee's obligations to maintain brand standards.

Furthermore, the lease agreement includes provisions to protect Cream's interests in the event of a transfer or assignment of the lease. The landlord consents to the collateral assignment of the lease to the franchisor, allowing the franchisor to step in and assume the lease if the franchisee defaults on their obligations. This ensures continuity of the Cream business at the location and protects the brand's presence in that market.