Is Cream obligated to visit any site proposed by a franchisee for their shop in person?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
t our prior approval. If we approve the relocation of your Shop, you must pay a relocation fee of $7,500, plus reimbursement of our out-of-pocket expenses processing the change, including legal fees.
You agree to send us all of the information we require for the proposed site. We will make all determinations about whether to approve or disapprove a site based on our then-current criteria, which may change periodically. We are not obligated to visit any site you propose for your Shop in person, though we may elect to do so. We will not charge a fee in connection with the first such site evaluation visit we elect to conduct; however, if we require, or if you request, any additional site evaluation visits (with respect to the same site or alternative sites), you must pay us $2,000 per site evaluation visit, plus reimburse the out-of-pocket costs and expenses we and our representatives incur, including travel, food, accommodations, and third-party fees. If we recommend, approve, or give you information regarding a site for the Premises, that is not a representation or warranty of any kind, express or implied, of its suitability for a Jeni's Ice Creams Scoop Shop or any other purpose. Our recommendation and/or approval of any site indicates only that the site meets our then-current minimum criteria which have been established for our own purposes and are not intended to be relied on by you as an indicator of success. You agree that you are not relying on our site approval for your benefit. You further acknowledge that you have been advised to conduct your own indep
Source: Item 23 — RECEIPTS (FDD pages 61–192)
What This Means (2025 FDD)
According to Cream's 2025 Franchise Disclosure Document, Cream is not obligated to visit a potential site in person. Cream will review the information provided by the franchisee and make a determination based on their current criteria, which may change.
However, Cream may choose to visit the site. The first site evaluation visit that Cream elects to conduct will not incur a fee. If additional site evaluation visits are required or requested, the franchisee must pay Cream $2,000 per visit. The franchisee is also responsible for reimbursing Cream's out-of-pocket costs and expenses, including travel, food, accommodations, and third-party fees.
Cream's approval of a site does not constitute a warranty of its suitability or guarantee of success. Cream's recommendation indicates only that the site meets their minimum criteria. The FDD emphasizes that franchisees should conduct their own independent investigations before selecting a site and acknowledge that they are not relying on Cream's site approval for their benefit. Cream is not responsible if the selected site fails to meet the franchisee's expectations.