What pre-opening requirements must be satisfied to obtain Cream's approval to open?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchise Agreement if you fail to open your Shop by such deadlines. The date that you open your Shop for business (your "Opening Date") will depend on several factors, including when: (i) you obtain our approval of your Premises, Construction Plans, and Lease, (ii) you obtain all necessary permits and licenses; (iii) you construct your Shop in accordance with your approved Construction Plans and our System Standards; (iv) you obtain and install all required fixtures, equipment, signage, décor, and other assets; (iv) you obtain all pre-opening inventory and supplies; (v) you and your Mandatory Trainees satisfy our training requirements; (vi) you obtain all required insurance policies; and (vii) you satisfy the other pre-opening requirements in your Franchise Agreement and obtain our approval to open.
Assistance During the Operation of Your Shop
During your operation of your Shop, we or our designees will:
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- Subject to limitations on scheduling, availability, and similar resources, we will provide you with general advice regarding the operation of your Shop (Franchise Agreement − Section 4.D).
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- Continue to make our Brand Manual available to you (Franchise Agreement − Section 4.E).
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- Let you use our Marks and certain copyrighted and copyrightable materials in connection with the operation of your Shop (Franchise Agreement – Section 5).
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- Approve or disapprove advertising materials (Franchise Agreement Section 9.C).
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- Approve or disapprove alternative vendors (Franchise Agreement Section 8.F).
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- Administer the Brand Fund pursuant to the terms of the Franchise Agreement (Franchise Agreement – Section 9.B).
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- Providing you our mandatory specifications and procedures for bookkeeping, accounting, and other reporting, including our standard chart of accounts (Franchise Agreement – Section 10)
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- Periodically set a maximum or minimum price that you may charge for products and services offered by your Shop. We may also require you to comply with an advertising policy which will prohibit you from advertising any price for a product or service that is different than our suggested retail price. (Franchise Agreement – Section 8.I) (See Item 16).
Brand Manual
We will make our System Standards and other suggested specifications, standards and procedures, and information for the operation of Jeni's Ice Creams Scoop Shops available to you during the term of the Franchise Agreement, which may include one or more separate manuals, newsletters, memos, or bulletins, as well any audio or video content, and/or other content available through or distributed by any Digital Presence or other electronic or digital means (collectively, the "Brand Manual").
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, there are several requirements a franchisee must meet before opening their shop. Cream must approve the franchisee's premises, construction plans, and lease. The franchisee needs to secure all necessary permits and licenses to operate legally. The shop must be constructed according to the approved construction plans and Cream's system standards. All required fixtures, equipment, signage, décor, and other assets must be obtained and installed.
Additionally, the franchisee must acquire all pre-opening inventory and supplies. The franchisee and their mandatory trainees need to fulfill Cream's training requirements. All required insurance policies must be in place. Finally, the franchisee must satisfy all other pre-opening requirements outlined in the Franchise Agreement and receive Cream's final approval to open.
Cream estimates that a shop will begin operating within eight months after the lease is executed or by the first anniversary of signing the Franchise Agreement, whichever comes first. Failure to meet these deadlines may result in the termination of the Franchise Agreement. Cream also requires a grand opening advertising program, with franchisees needing to submit a plan at least 75 days before the expected opening date and spend at least $20,000 on the grand opening advertising program.