Does Cream guarantee similar variations or accommodations to all franchise owners?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
We and you will not waive or impair any right, power, or option this Agreement reserves (including our right to demand exact compliance with every term, condition, and covenant or to declare any breach to be a default and to terminate this Agreement before the Term expires) because of any custom or practice at variance with this Agreement's terms; our or your failure, refusal, or neglect to exercise any right under this Agreement or to insist upon the other's compliance with this Agreement, including any System Standard; our waiver of or failure to exercise any right, power, or option, whether of the same, similar, or different nature, with other Jeni's Ice Creams Scoop Shops; the existence of franchise agreements for other Jeni's Ice Creams Scoop Shops which contain provisions different from those contained in this Agreement; or our acceptance of any payments due from you after any breach of this Agreement. No special or restrictive legend or endorsement on any check or similar item given to us will be a waiver, compromise, settlement, or accord and satisfaction. We are authorized to remove any legend or endorsement, which then will have no effect.
Source: Item 23 — RECEIPTS (FDD pages 61–192)
What This Means (2025 FDD)
According to the 2025 FDD, Cream does not guarantee similar variations or accommodations to all franchise owners. The franchise agreement specifies that Cream retains the right to demand exact compliance with every term, condition, and covenant, and the existence of franchise agreements for other Jeni's Ice Creams Scoop Shops which contain provisions different from those contained in this Agreement does not constitute a waiver of Cream's rights.
Cream retains the right to not exercise any right, power, or option, whether of the same, similar, or different nature, with other Jeni's Ice Creams Scoop Shops. This means that Cream can choose to enforce certain standards or requirements for one franchisee while not enforcing them for another.
This clause protects Cream's ability to manage its franchise system and adapt to changing market conditions or individual franchisee circumstances. However, it also introduces an element of uncertainty for franchisees, as there is no guarantee that they will receive the same treatment or accommodations as other franchisees in the system. Prospective franchisees should be aware of this clause and carefully consider its implications before investing in a Cream franchise.