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How does Cream's Item 8 restrictions on suppliers impact the franchisee's ability to manage costs within the estimated initial investment outlined in Item 7?

Cream Franchise · 2025 FDD

Answer from 2025 FDD Document

ative vendors without receiving our prior approval.

You must purchase your entire initial and ongoing inventory of ice cream products ("Proprietary Products") from Parent. You must also purchase: (i) certain toppings, branded merchandise, gift cards, uniforms, and décor and decals from Parent; (ii) architecture services, permit expeditor services, graphics and signage, insurance, certain software solutions (including software for CRM, accounting, reputation management, in-Shop chat, point-of sale, online delivery, and digital marketing), the Computer System, certain inventory (including specialty foods), and certain other supplies (including aprons) from our exclusive designated suppliers; and (iii) other furniture, fixtures, equipment, supplies, construction services, lighting, millwork, software, and inventory from suppliers we have approved. We may add, remove, and/or otherwise modify our designated and approved suppliers at any time.

We had no franchisees as of the end of our 2024 fiscal year, and therefore no revenue was collected by us or our affiliates from the sale of products or services to our franchisees in our most recently completed fiscal year. Other than as described in this Item 8, neither we nor our affiliates are suppliers of any required products or services to franchisees.

Collectively, the purchases you obtain according to our specifications or from approved or designated suppliers will represent approximately 80% of your total purchases to establish your Shop and 90% of your total purchases to operate your Shop.

Insurance

You must maintain in force at your sole expense insurance policies for your Shops as required under applicable law and your Lease, and in minimum types and amounts of coverage we require.

What This Means (2025 FDD)

According to Cream's 2025 Franchise Disclosure Document, Item 8 places significant restrictions on where franchisees can source products and services, which directly impacts their ability to manage costs within the initial investment outlined in Item 7. Cream requires franchisees to purchase their entire initial and ongoing inventory of ice cream products, certain toppings, branded merchandise, gift cards, uniforms, and décor and decals from Cream's Parent company. Additionally, franchisees must acquire architecture services, permit expeditor services, graphics and signage, insurance, certain software solutions, the Computer System, certain inventory (including specialty foods), and certain other supplies (including aprons) from Cream's exclusive designated suppliers. Other furniture, fixtures, equipment, supplies, construction services, lighting, millwork, software, and inventory must come from suppliers approved by Cream. These mandatory purchases from specific or approved suppliers account for approximately 80% of the franchisee's total purchases to establish the shop and 90% to operate it.

This restriction limits the franchisee's ability to negotiate better prices or take advantage of local deals, potentially increasing the initial investment. For example, the FDD specifies a range for 'Furniture, Fixtures, and Equipment' between $70,000 and $134,000, 'Décor Package' between $2,000 and $10,000, 'Computer System and Technology' between $2,000 and $4,000, 'Tools and Supplies' between $12,000 and $16,000 and 'Signage' between $10,000 and $30,000. If Cream requires these items to be purchased from specific vendors, the franchisee cannot seek lower prices from alternative suppliers, potentially pushing the total initial investment towards the higher end of the estimated range. The franchisee is also required to spend between $20,000 and $25,000 on grand opening advertising and promotional events.

While Cream may approve alternative vendors, this process requires written requests from the franchisee and reimbursement of Cream's evaluation costs. Cream can also revoke approval of any vendor at any time. This approval process adds an administrative burden and cost for the franchisee, and there is no guarantee that a cheaper alternative will be approved. The franchisee must also purchase initial inventory from Parent, estimated at $16,000 to $21,000, and other inventory from approved third-party suppliers, further limiting cost-saving opportunities.

Ultimately, Cream's control over the supply chain ensures consistency and quality but reduces the franchisee's flexibility in managing costs. Prospective franchisees should carefully evaluate the approved supplier list and pricing to understand the potential impact on their initial and ongoing expenses. They should also inquire about the criteria for supplier approval and the potential for negotiating prices with approved vendors to better manage their investment.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.