Does the Cream FDD state that all agreements related to the Cream franchise are only in the Franchise Agreement?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
If you are a corporation, limited liability company, or partnership (each, an "Entity"), you represent that you have the authority to execute, deliver, and perform your obligations under this Agreement and all related agreements and are duly organized or formed. You agree to remain validly existing and in good standing under the laws of the state of your formation throughout the Term. You agree to maintain organizational documents, including your operating agreement or partnership agreement, as applicable, that reflect the restrictions on issuance and transfer of any ownership interests
in you described in this Agreement, and all certificates and other documents representing ownership interests in you will bear a legend referring to this Agreement's restrictions.
You agree and represent that Attachment A to this Agreement completely and accurately describes all of your owners and their interests in you as of the Effective Date. Each of your owners with a 10% or greater ownership interest in your Entity must execute a guarantee in the form we prescribe undertaking personally to be bound, jointly and severally, by all provisions of this Agreement and any ancillary agreements between you and us. Our current form of guarantee is attached herein as Attachment D. Subject to our rights and your obligations under Section 12, you and your owners agree to sign and deliver to us revised Attachment A to reflect any permitted changes in the information that Attachment A now contains.
Source: Item 23 — RECEIPTS (FDD pages 61–192)
What This Means (2025 FDD)
Based on the 2025 Cream Franchise Disclosure Document, the franchise agreement includes not only the franchise to operate a Jeni's Ice Creams Scoop Shop but also references ancillary agreements. Specifically, if the franchisee is an entity, each owner with a 10% or greater ownership interest must execute a guarantee, using Cream's current form, which is attached as Attachment D.
Furthermore, for franchisees entering into an area development agreement, Attachment B of the Franchise Agreement specifies the area development fee and the development schedule for opening multiple Jeni's Ice Creams Scoop Shops. This fee is in lieu of the initial franchise fee typically owed for each shop under a standard Franchise Agreement.
Therefore, while the core terms are within the Franchise Agreement, franchisees should be aware of the attachments and related agreements that impose additional obligations and requirements. These include guarantees from owners and development schedules for multi-unit developers.