What is the exception to the rule that Cream franchisees can set their own prices?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
Unless prohibited by applicable law, we may periodically 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 23 — RECEIPTS (FDD pages 61–192)
What This Means (2025 FDD)
According to the 2025 FDD, Cream franchisees generally have the freedom to set their own prices for products and services. However, Cream may periodically set a maximum or minimum price that franchisees can charge, unless prohibited by applicable law. In such cases, the franchisee can charge any price within the designated range.
For any product or service where Cream does not impose a maximum or minimum price, they may require franchisees to comply with an advertising policy. This policy could restrict franchisees from advertising prices that differ from Cream's suggested retail price.
Even with an advertising policy in place, franchisees are not prohibited from selling products or services above or below the suggested retail price, unless Cream has set a specific maximum or minimum price. This allows Cream to maintain some control over pricing while still allowing franchisees flexibility, unless maximum or minimum prices are set.