Does Cream (Jeni's Ice Creams) have sole discretion in approving or rejecting charitable causes?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
You understand that charitable, social, and community initiatives are a core component of our System, and we would not have granted you a franchise for a Jeni's Ice Creams Scoop Shop if you had not represented to us that you (and if you are an Entity, your Principal Owner) share our commitment to charitable, social, and community engagement. You acknowledge and agree that we may from time to time establish national or local charitable, social, or community events and initiatives for Jeni's Ice Creams Scoop Shops. Your Shop must participate in these events and initiatives in accordance with our System Standards, including that we may periodically require you to donate some or all Net Sales derived from events (together, "Ice Cream Socials") to national or local charitable, social, and/or community organizations that we have approved or designated. We may promote Ice Cream Socials in any manner we elect, including on a national or regional basis, and you must ensure that your Shop's marketing is consistent with ours, and that you offer the Ice Cream Social at your Shop as required.
We may also establish local marketing practices, activities, tactics, and/or goals for Jeni's Ice Creams Scoop Shops, including guidance on integrating community involvement into the operations and marketing for your Shop, generating local press for your community events and marketing efforts, and promoting national and local programs. You must ensure that your Shop and your marketing, advertising, and promotions for your Shop comply with all such guidelines and our System Standards. You also must ensure that you and your Shop satisfy all criteria we establish from time to time relating to local, social, and/or charitable activities and community engagement, including satisfying thirdparty certifications we designate from time to time relating to social, charitable, and community impact.
Source: Item 23 — RECEIPTS (FDD pages 61–192)
What This Means (2025 FDD)
According to Cream's 2025 Franchise Disclosure Document, Cream maintains control over the charitable organizations that franchisees may support through certain initiatives. Cream may establish national or local charitable events, requiring franchisees to participate and potentially donate net sales from these events, called "Ice Cream Socials." These donations must go to charitable organizations that Cream has approved or designated. Cream also retains control over the marketing of these events, ensuring consistency across all Cream locations.
This means that while franchisees are expected to engage in charitable activities as part of the Cream system, their choice of charitable recipients is limited to those approved by Cream. Franchisees must adhere to Cream's guidelines and standards regarding local, social, and charitable activities, including any third-party certifications Cream designates.
Cream's control extends to local marketing practices and community involvement, providing guidance on integrating these aspects into the franchise's operations. Franchisees must ensure their marketing and community engagement efforts comply with Cream's system standards and guidelines. This ensures that all charitable and community-related activities align with Cream's overall brand and mission.