Can Cream modify Brand Fund expenditures at any time?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
We may also use the Brand Fund to pay for the Brand Fund's administrative and overhead costs, including the reasonable salaries and benefits of personnel who manage and administer the Brand Fund, and any other expenses that we or our affiliates incur that are related to administering or directing the Brand Fund and its programs. We may modify Brand Fund expenditures at any time.
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS, AND TRAINING (FDD pages 28–35)
What This Means (2025 FDD)
According to Cream's 2025 Franchise Disclosure Document, Cream has the authority to modify Brand Fund expenditures at any time. The Brand Fund is used for various advertising, marketing, and public relations programs to promote the Cream brand and Jeni's Ice Creams Scoop Shops. These expenditures can include creating advertising materials, supporting market research, and covering administrative costs related to managing the Brand Fund.
Cream maintains exclusive control over the Brand Fund's programs and services, including creative concepts, geographic market, and media placement. This means franchisees have limited input on how the Brand Fund is spent. Cream is not obligated to spend any specific amount on marketing within any particular market.
Cream does not have any fiduciary duty to franchisees regarding the Brand Fund. Cream also will not provide franchisees access to the Brand Fund's financial statements. Cream can reduce, suspend, or terminate Brand Fund contributions and operations. If the Brand Fund is terminated, Cream will spend the remaining balance according to its System Standards. Cream can also maintain multiple Brand Funds or consolidate them.