Does Cream intend to establish, operate, or franchise any other franchises or company-owned outlets offering similar services or goods under a different trademark in the future?

According to Cream's 2025 Franchise Disclosure Document, Cream and its affiliates do not currently intend to establish, operate, or franchise any other franchises or company-owned outlets offering similar services or goods under a different trademark. This statement provides some assurance to prospective franchisees that Cream is not planning to introduce competing brands that could potentially cannibalize sales or dilute brand recognition. However, it is important to note that this is a statement of current intent and could change in the future.

Despite this assurance, Cream retains significant rights regarding business activities, even within a franchisee's protected territory. Cream can establish and operate other types of businesses, including those offering products and services identical or similar to Cream's, under different trade names or trademarks. This includes selling products at retail, wholesale, or online, and through other distribution channels. Cream can also establish Cream Scoop Shops or other businesses offering similar products in non-traditional venues like airports, hospitals, casinos, and entertainment centers.

Furthermore, Cream reserves the right to engage in marketing and promotional activities, including product giveaways, anywhere in the world, including a franchisee's protected territory. Cream can also be acquired by or acquire other businesses, even those that compete with Cream Scoop Shops, and continue to operate those businesses. These provisions highlight that while Cream states they do not intend to introduce competing brands, they retain broad rights to operate and authorize others to operate businesses that may compete with a franchisee's Cream Scoop Shop.

For prospective franchisees, this means that while Cream is not currently planning to launch competing brands, the franchise agreement allows them considerable latitude to engage in activities that could increase competition. It is crucial for potential franchisees to carefully consider these provisions and understand the extent to which Cream can operate or authorize competing businesses, even within their protected territory. This understanding is essential for assessing the potential risks and rewards of investing in a Cream franchise.