What potential liability does Jeni's Splendid Ice Creams Franchise, LLC disclaim when entering a Cream franchisee's premises to remove signs or materials?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
If you fail to take any of the actions or refrain from taking any of the actions described above, we may take whatever action and sign whatever documents we deem appropriate on your behalf to cure the deficiencies, including, without liability to you or third parties for trespass or any other claim, to enter the Premises and remove any signs or other materials containing any Marks from your Shop. You must reimburse us for all costs and expenses we incur in correcting any such deficiencies. You hereby appoint us as your true and lawful attorney-in-fact to take such actions and execute such documents on your behalf as may be required to effect the foregoing purposes.
Source: Item 23 — RECEIPTS (FDD pages 61–192)
What This Means (2025 FDD)
According to Cream's 2025 Franchise Disclosure Document, Jeni's Splendid Ice Creams Franchise, LLC, under certain conditions, can enter a franchisee's premises to remove signs or other materials containing Cream's marks. This action can be taken if the franchisee fails to remove the branding themselves after the franchise agreement terminates.
Specifically, Cream disclaims liability to the franchisee or any third parties for trespass or any other claim related to entering the premises and removing the signs or materials. However, the franchisee is responsible for reimbursing Cream for all costs and expenses Cream incurs in correcting any deficiencies related to the removal of the branding.
This clause essentially protects Cream from legal action related to property damage or other issues that might arise during the removal process. The franchisee grants Cream the power of attorney to take these actions and sign documents on their behalf, ensuring Cream can legally and effectively remove its branding from a former franchise location. This is a fairly standard practice in franchising, as franchisors need to protect their brand identity and prevent consumer confusion after a franchise agreement ends.