What is the Cream franchisor's discretion in determining the content and duration of the Initial Training Program?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
t the excess against the amounts we otherwise would debit from your account during the following period.
4. TRAINING AND ASSISTANCE.
A. INITIAL TRAINING PROGRAM.
For the first Jeni's Ice Creams Scoop Shop that you develop, prior to your Opening Date, you (or if you are conducting business as an Entity, your Principal Owner) and your Shopkeeper (if applicable) (together, the "Mandatory Trainees") must complete a training program conducted by us on the material aspects of operating a Jeni's Ice Creams Scoop Shop (the "Initial Training Program") to our satisfaction. We will control the substance and duration of our Initial Training Program, which will be held at a location of our choice, which may be virtual. If this is the first Jeni's Ice Creams Scoop Shop you develop, we will provide the Initial Training Program for up to three attendees that you select and we approve, at no cost to you, which must include your Mandatory Trainees, provided all attendees attend the Initial Training Program at the same time. We may vary the contents or duration of the Initial Training Program based on the experience, role, responsibilities of your attendees and other factors we determine. We will also determine the timing, dates, and schedule of the Initial Training Program. If we determine that the Mandatory Trainees cannot complete the Initial Training Program to our satisfaction, we may terminate this Agreement. If the Mandatory Trainees complete our Initial Training Program to our satisfaction and do not expressly and promptly request additional training after completion of the Initial Training Program, then you and they will be deemed to have been trained sufficiently to operate a Jeni's Ice Creams Scoop Shop.
We may charge you our then-current fee for the Initial Training Program if: (a) you request that more than three persons attend the Initial Training Program for your first Jeni's Ice Creams Scoop
Shop, and we approve such persons to attend; (b) we provide any portion of the Initial Training Program more than once to accommodate your attendees; and/or (c) you request and/or we require that your Mandatory Trainees attend the Initial Training Program for the second or subsequent Jeni's Ice Creams Scoop Shop you develop. As of the Effective Date, our fee for the Initial Training Program is $1,000 per attendee, but we may modify thi
Source: Item 23 — RECEIPTS (FDD pages 61–192)
What This Means (2025 FDD)
According to the 2025 FDD, Cream retains full control over the substance and duration of its Initial Training Program. This program is designed to cover the material aspects of operating a Cream Scoop Shop. The training will be held at a location of Cream's choosing, which may even be virtual.
For the first Scoop Shop, Cream provides the Initial Training Program at no cost for up to three attendees selected and approved by them, including the Mandatory Trainees (the franchisee or Principal Owner and the Shopkeeper, if applicable). Cream can modify the contents or duration of the training based on the attendees' experience, roles, responsibilities, and other factors they deem relevant. Cream also determines the timing, dates, and schedule of the Initial Training Program.
Cream can terminate the Franchise Agreement if the Mandatory Trainees do not complete the Initial Training Program to their satisfaction. If the Mandatory Trainees complete the program and do not request additional training, they are considered sufficiently trained to operate a Cream Scoop Shop. This gives Cream significant power over the training process and the readiness of franchisees to operate their businesses.
Cream may charge a fee for the Initial Training Program in certain situations. As of the Effective Date, the fee is $1,000 per attendee, and Cream can modify this fee by up to 10% per year on a compounding basis. These situations include if the franchisee requests more than three people to attend the initial training for the first shop and Cream approves, if Cream provides any portion of the training more than once to accommodate attendees, and/or if the franchisee requests or Cream requires that the Mandatory Trainees attend the Initial Training Program for the second or subsequent Cream Scoop Shop developed.