Can the designated maximum and minimum prices for a product or service at Cream be the same?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
Unless prohibited by applicable law, we may from time to time set a maximum or minimum price that you may charge for products and services offered by Jeni's Ice Creams Scoop Shops. If we impose such a maximum or minimum price for any product or service, you may charge any price for the product or service up to and including our designated maximum price or down to and including our designated minimum price. The designated maximum and minimum prices for the same product or service may, at our option, be the same. For any product or service for which we do not impose a maximum or minimum price, we may require you to comply with an advertising policy adopted by us which will prohibit you from advertising any price for a product or service that is different than our suggested retail price. Although you must comply with any advertising policy we adopt, you will not be prohibited from selling any product or service at a price above or below the suggested retail price unless we impose a maximum price or minimum price for such product or service.
Source: Item 16 — RESTRICTIONS ON WHAT THE FRANCHISEE MAY SELL (FDD pages 43–44)
What This Means (2025 FDD)
According to the 2025 FDD, Cream has the option to set the same maximum and minimum prices for its products and services. Cream may, unless prohibited by law, set a maximum or minimum price that franchisees may charge at Jeni's Ice Creams Scoop Shops. If Cream imposes these prices, franchisees can charge any price up to and including the maximum or down to and including the minimum price. Cream has the option to set the maximum and minimum prices for the same product or service to be the same.
For any product or service for which Cream does not impose a maximum or minimum price, Cream may require franchisees to comply with an advertising policy. This policy would prohibit franchisees from advertising any price for a product or service that differs from Cream's suggested retail price.
Even if Cream adopts an advertising policy, franchisees are not prohibited from selling any product or service at a price above or below the suggested retail price. This is unless Cream imposes a maximum price or minimum price for such product or service. This pricing strategy allows Cream to maintain some control over pricing while also allowing for flexibility in certain situations.