What is the document that describes the area of the Cream franchise's Protected Territory?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
Subject to your continued compliance with this Agreement, and the reserved rights described below, during the Term, neither we nor any of our affiliates will establish, operate, or authorize any other person to establish or operate a Jeni's Ice Creams Scoop Shop in the area described in Attachment C (the "Protected Territory"). If you have not selected a site for your Shop as of the Effective Date, we will identify the Protected Territory once you sign your approved Lease, as described in Section 2.B below. Until such time as we execute Attachment C to identify an approved Premises and Protected Territory for your Shop, you do not have a Protected Territory and/or any other territorial protection of any kind, including in the Site Selection Area and/or any other area surrounding your Premises.
Source: Item 23 — RECEIPTS (FDD pages 61–192)
What This Means (2025 FDD)
According to the 2025 FDD, Attachment C to the Franchise Agreement describes the area of the Cream franchise's Protected Territory. Cream, or its affiliates, will not establish, operate, or authorize anyone else to establish or operate a Jeni's Ice Creams Scoop Shop within the Protected Territory during the term of the agreement, subject to the franchisee's compliance with the agreement and Cream's reserved rights.
If a franchisee has not selected a site for their Shop as of the agreement's effective date, Cream will identify the Protected Territory once the franchisee signs their approved Lease. Until Attachment C is executed to identify an approved Premises and Protected Territory, the franchisee does not have a Protected Territory or any other territorial protection.
It is important to note that outside the Protected Territory, Cream retains all rights to conduct business activities, including establishing other Jeni's Ice Creams Scoop Shops or other types of businesses, even those that may compete with the franchisee's Shop. Cream can also engage in marketing and promotional activities within the Protected Territory. This means that while a franchisee has some territorial protection, Cream retains significant rights to operate and compete within and around that territory.