Must a Cream franchisee satisfy System Standards for all advertising for their shop?
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 responsible for their shop's local advertising. However, all advertising must adhere to Cream's System Standards. These standards may dictate the advertising mediums used, require the use of approved advertisement formats, mandate listing the shop in specific online directories, and/or include links to Digital Presences as prescribed by Cream.
The FDD emphasizes that all advertising, promotion, and marketing efforts must be clear, factual, and not misleading, conforming to high ethical standards and Cream's advertising policies. Franchisees must submit samples of advertising materials not prepared or previously approved by Cream at least 14 days before use. If written approval is not received within 14 days of Cream receiving the materials, the advertising is considered disapproved. Cream retains the right to withdraw approval at any time and prohibits the use of unapproved or disapproved advertising materials.
Cream also has the option to control any Digital Presences associated with the brand or the franchisee's shop, including managing responses to customer comments on third-party platforms. This level of oversight ensures that all advertising and marketing efforts align with Cream's brand image and standards, giving Cream significant control over how its brand is presented to the public.
Cream also emphasizes charitable, social, and community initiatives as a core component of their system. Franchisees are expected to participate in these initiatives according to Cream's System Standards. This includes potentially donating net sales from events to approved organizations. Cream may also establish local marketing practices and guidelines that franchisees must follow, ensuring compliance with System Standards in all marketing, advertising, and promotions.