Where can I find the specific geographic area for my Cream franchise development rights?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
The Development Rights may only be exercised for Jeni's Ice Creams Scoop Shops to be located in the Development Area. As long as you are in compliance with this Agreement and all Franchise Agreements (defined below) signed pursuant to this Agreement, and except as set forth in this Section 1.D, we will not, during the Term, operate or grant the right to anyone else to operate a Jeni's Ice Creams Scoop Shops within the Development Area, or grant Development Rights to anyone else to be exercised with your Development Area.
For the avoidance of doubt, we reserve for ourselves and our affiliates all rights not expressly granted to you in this Agreement and the right to do all things that we do not expressly agree in this Agreement not to do, in each case, without compensation to you, without regard to proximity to your Development Area, and on such terms and conditions as we deem appropriate. For example, and without limitation, we and our affiliates may, ourselves or through authorized third parties:
- (1) establish and operate, and allow others to establish and operate, other Jeni's Ice Creams Scoop Shops using the System, at any location outside the Development Area, on such terms and conditions we deem appropriate;
- (2) establish and operate, and allow others to establish and operate, any other type of business, including any business that may offer products and services which are identical to, similar to, or competitive with products and services offered by Jeni's Ice Creams Scoop Shops, under trade names, trademarks, service marks, and commercial symbols other than the "Jeni's® " name and marks, anywhere in the world, including in the Development Area;
- (3) establish, and allow others to establish, businesses and distribution channels other than a Jeni's Ice Creams Scoop Shop (including, selling products at retail, wholesale, or through any online presence), wherever located or operating, including in your Development Area, regardless of the nature or location of the customers with whom such other businesses and distribution channels do business, regardless of the nature or location of the customers with whom such other businesses and distribution channels do business, including businesses that
Source: Item 23 — RECEIPTS (FDD pages 61–192)
What This Means (2025 FDD)
According to the 2025 FDD, the specific geographic area for your Cream franchise development rights, referred to as the "Development Area," is defined within the Area Development Agreement. The Development Rights granted to you may only be exercised for Cream Scoop Shops located within this designated Development Area. As long as you comply with the Area Development Agreement and all related Franchise Agreements, Cream will not operate or grant rights to others to operate Cream Scoop Shops within your Development Area during the term of the agreement. This protection also extends to preventing Cream from granting Development Rights to others to be exercised within your Development Area. However, Cream retains rights not expressly granted to you.
Cream explicitly reserves the right for itself and its affiliates to operate or authorize others to operate Cream Scoop Shops outside your Development Area, under terms and conditions they deem appropriate. They can also establish and operate other types of businesses, even those offering similar or competitive products and services, under different trade names and marks, including within your Development Area. Furthermore, Cream can establish other distribution channels, such as retail, wholesale, or online sales, within your Development Area, regardless of the location of the customers they serve.
If a franchisee fails to comply with the Development Schedule, Cream reserves the right to terminate or reduce the size of the Development Area, and/or terminate the territorial protections within the Development Area. After such a change, Cream and its affiliates may establish or operate or authorize any other person to establish or operate a Cream Scoop Shop in the franchisee's current or former Development Area at their discretion. The Development Schedule is detailed in Attachment B to the Area Development Agreement.