Can a Cream franchisee open their shop without express approval from Cream?

According to the 2025 FDD, a Cream franchisee cannot open their shop without express approval from Cream. The FDD states that Cream must approve the date the shop opens for business, referred to as the "Opening Date," and the franchisee cannot open without this express approval. Failing to obtain this approval before opening the shop can lead to termination of the Franchise Agreement.

Cream also requires approval of the proposed site for the Jeni's Ice Creams Scoop Shop before the franchisee enters into any lease or agreement to secure the site. The franchisee must provide all requested information and materials to allow Cream to assess the proposed shop and the franchisee's ability to develop and operate it. Cream has the right to disapprove any proposed development for any reason, including if the franchisee does not meet Cream's criteria for new franchise development or is not in compliance with the Development Agreement or any Franchise Agreements.

Cream also specifies that the franchisee must satisfy all System Standards for developing and opening the shop and open for business within a specific timeframe: either 8 months after signing the lease or by the first anniversary of the Effective Date. This requirement, coupled with the need for express approval to open, underscores Cream's control over the establishment and operation of each franchise location.