Is a Cream franchisee allowed to use advertising materials that have not been approved?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
You are solely responsible for conducting all local advertising for your Shop. However, you must satisfy our System Standards for all advertising for your Shop and/or using the Marks or the System. Our System Standards may require that you advertise and market your Shop in specific advertising mediums we determine, use forms of advertisement we approve, list your Shop with the online directories and subscriptions we periodically prescribe, and/or include links or references to
Digital Presences in the manner we prescribe. You must ensure that your advertising, promotion, and marketing is completely clear, factual, and not misleading and conform to both the highest standards of ethical advertising and marketing and the advertising and marketing policies that we prescribe from time to time. At least 14 days before you use them, you agree to send us for approval samples of all advertising, promotional, and marketing materials which we have not prepared or previously approved. If you do not receive written approval within 14 days after we receive the materials, they are deemed to be disapproved. Once we approve the materials, you are permitted to use them. However, we may withdraw our approval at any time and for any reason. You may not use any advertising, promotional, or marketing materials that we have not approved or have disapproved. We may also elect to control any or all Digital Presences associated with the Marks and/or your Shop, including that we may elect to control responses posted to comments of your customers on third-party platforms and directories.
Source: Item 23 — RECEIPTS (FDD pages 61–192)
What This Means (2025 FDD)
According to Cream's 2025 Franchise Disclosure Document, franchisees are not allowed to use advertising, promotional, or marketing materials that Cream has not approved or has explicitly disapproved. Franchisees are responsible for their local shop advertising, but it must adhere to Cream's System Standards. These standards may dictate specific advertising mediums, approved advertisement forms, required online directory listings, and prescribed links or references to Digital Presences.
Cream requires franchisees to submit samples of all advertising, promotional, and marketing materials that Cream has not prepared or previously approved at least 14 days before their intended use. If the franchisee does not receive written approval within 14 days after Cream receives the materials, the materials are considered disapproved. Even after approval, Cream reserves the right to withdraw its approval at any time and for any reason.
This policy ensures that all advertising and marketing efforts align with Cream's brand standards and ethical guidelines. It also allows Cream to maintain control over the brand's image and messaging, reducing the risk of misleading or inappropriate advertising. For a prospective franchisee, this means allocating sufficient time for advertising material review and approval and understanding that Cream has the final say in all marketing efforts.