What must a Cream franchisee do regarding their business's identification as a Cream shop after termination?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
- (3) cease to directly or indirectly identify yourself or your business as a current or former Jeni's Ice Creams Scoop Shop or as one of our current or former franchise owners (except in connection with other Jeni's Ice Creams Scoop Shops you operate in compliance with the terms of a valid Franchise Agreement with us) and take the action required to cancel or assign all fictitious or assumed name or equivalent registrations relating to your use of any Mark;
- (4) if we do not exercise our option to purchase your Shop under Section 15.D below, promptly and at your own expense, make the alterations we specify to distinguish your Shop clearly from its former appearance and from other Jeni's Ice Creams Scoop Shops, including by removing all materials and signage bearing our Marks and removing from both the interior and exterior of the Premises all materials and components of our trade dress as we determine to be necessary in order to prevent public confusion and in order to comply with the non-competition provisions set forth in Section 15.C;
- (5) cease using and, at our direction, either disable or transfer, assign, or otherwise convey to us full control of all Contact Information and Digital Presences that you used to operate your Shop or that displays any of the Marks or any reference to the franchise system (provided that all liabilities and obligations arising from any such Contact Information or Digital Presence prior to the date of the transfer, assignment, or conveyance to us will remain your sole responsibility in all respects, and any costs we incur in connection therewith will be indemnifiable under Section 16.D);
- (6) return to us or destroy (as we require) all items, forms, and materials containing any Mark or otherwise identifying or relating to Jeni's Ice Creams Scoop Shops, and any and all Confidential Information (including the Brand Manual and any and all customer data or other information from your Computer System);
- (7) comply with all other System Standards we establish from time to time (and all applicable laws) in connection with the closure and de-identification of your Shop, including as it relates to disposing of Personal Information, in any form, in your possession or the possession of any of your employees; and
- (8) give us evidence satisfactory to us of your compliance with these obligations.
Source: Item 23 — RECEIPTS (FDD pages 61–192)
What This Means (2025 FDD)
According to the 2025 FDD, upon termination or expiration of the Franchise Agreement, a Cream franchisee must immediately cease identifying their business as a current or former Cream shop. This includes refraining from presenting themselves as a current or former Cream franchise owner, except if they operate other Cream shops under a valid franchise agreement. Additionally, the franchisee must take the necessary steps to cancel or assign all fictitious or assumed name registrations related to the use of any Cream mark.
Furthermore, if Cream does not exercise its option to purchase the shop, the franchisee is obligated, at their own expense, to make alterations that clearly distinguish the shop from its former appearance and from other Cream shops. This involves removing all materials and signage bearing Cream's marks and removing all trade dress materials from both the interior and exterior of the premises. These alterations must be sufficient to prevent public confusion and comply with non-competition provisions.
The franchisee must also cease using and, at Cream's direction, either disable or transfer control of all contact information and digital presences used to operate the shop, especially those displaying Cream's marks or referencing the franchise system. The franchisee remains responsible for all liabilities and obligations arising from such contact information or digital presence before the transfer date, and any costs Cream incurs in connection with this will be indemnifiable. All items, forms, and materials containing any Cream mark or identifying the shop must be returned or destroyed as directed by Cream, including confidential information like the Brand Manual and customer data.
Finally, the franchisee must comply with all System Standards established by Cream regarding the closure and de-identification of the shop, including the proper disposal of personal information. The franchisee is also required to provide Cream with satisfactory evidence of their compliance with these obligations. These measures ensure that the terminated franchisee does not continue to benefit from Cream's brand recognition and that the public is not confused about the shop's affiliation after termination.