Does Cream guarantee that franchisees will directly benefit from Brand Fund expenditures?

According to Cream's 2025 Franchise Disclosure Document, Cream does not guarantee that franchisees will directly benefit from Brand Fund expenditures. The FDD states that the purpose of the Brand Fund is to promote the Cream brand and Jeni's Ice Creams Scoop Shops generally. As a franchisee, you acknowledge and agree that there is no assurance that your shop will directly benefit from these expenditures or in proportion to your contribution to the Brand Fund.

Cream retains exclusive control over the Brand Fund's programs and services, including creative concepts, materials, campaigns, and their geographic market, media placement, and allocation. This means that Cream has the sole discretion to decide how the Brand Fund is used, and these decisions may not always directly benefit every individual franchise location. The Brand Fund can be used for various purposes, such as preparing marketing materials, sponsoring events, developing digital presences, and covering administrative costs.

This lack of guarantee is a common practice in franchising, as brand funds are typically used to promote the brand as a whole, rather than individual locations. While franchisees contribute to the Brand Fund, the benefits they receive may be indirect or difficult to measure. Prospective Cream franchisees should consider this when evaluating the franchise opportunity and understand that their contributions to the Brand Fund may not always result in immediate or direct benefits to their specific shop.