Can Cream offer Jeni's-branded ice cream at third-party businesses within my Development Area?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
- (3) establish, and allow others to establish, businesses and distribution channels other than a Jeni's Ice Creams Scoop Shop (including, selling products at retail, wholesale, or through the internet, catalog sales, telemarketing, direct marketing, e-commerce, product lines in other businesses, or through any other digital presence), wherever located or operating, including in your Development Area, regardless of the nature or location of the customers with whom such other businesses and distribution channels do business, including businesses that operate under trade names, trademarks, service marks, or commercial symbols that are similar to, the same, or competitive with the Marks, and/or that sell products or services similar to and/or the same as those that Jeni's Ice Creams Scoop Shops sell, including the offer and sale of Jeni's® -branded ice cream or products at third-party businesses;
Source: Item 12 — TERRITORY (FDD pages 35–39)
What This Means (2025 FDD)
According to Cream's 2025 Franchise Disclosure Document, Cream retains the right to establish businesses and distribution channels, including selling Jeni's-branded products at third-party businesses, within your Development Area. This means that even within your designated area, Cream can independently pursue opportunities to sell Jeni's ice cream through other businesses.
This lack of territorial exclusivity extends to various other business activities. Cream can establish and operate other Jeni's Ice Creams Scoop Shops outside your Development Area, and can also operate other types of businesses, even those offering similar or competitive products, under different trademarks within your Development Area. Cream also retains the right to conduct marketing and promotional activities within your Development Area.
As a Cream franchisee, you may face competition from other franchisees, company-owned outlets, or other distribution channels controlled by Cream. The Development Area size depends on factors like the number of shops you develop, demographics, traffic, competition, and site availability. If you fail to comply with the Development Schedule, Cream may reduce the size of your Development Area or terminate territorial protections. Therefore, it is important to understand the Development Schedule and the factors that determine the size of your Development Area before signing the Area Development Agreement.