Is Cream prohibited from making any financial performance claims outside of Item 19?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
Other than the preceding financial performance representation, we do not make any representations about a franchisee's future financial performance or the past financial performance of company-owned or franchised outlets. We also do not authorize our employees or representatives to make any such representations either orally or in writing. If you are purchasing an existing outlet, however, we may provide you with the actual records of that outlet. If you receive any other financial performance
information or projections of your future income, you should report it to the franchisor's management by contacting Sean Bock at 401 North Front Street, Suite 300, Columbus, Ohio 43215, (602) 505-4325, the Federal Trade Commission, and the appropriate state regulatory agencies.
Source: Item 19 — FINANCIAL PERFORMANCE REPRESENTATIONS (FDD pages 51–57)
What This Means (2025 FDD)
According to Cream's 2025 Franchise Disclosure Document, Cream is restricted from making financial performance representations outside of Item 19, with limited exceptions. Cream is permitted to provide the actual records of an existing outlet if a prospective franchisee is considering buying it. Cream can also supplement the information provided in Item 19 with details about performance at a specific location or under particular circumstances.
Cream explicitly states that, other than the financial performance representation provided in Item 19, it does not make any representations about a franchisee's future financial performance or the past financial performance of company-owned or franchised outlets. Furthermore, Cream does not authorize its employees or representatives to make such representations, either orally or in writing.
If a potential Cream franchisee receives any financial performance information or projections of future income that are not included in Item 19, they are instructed to report it to Cream's management by contacting Sean Bock at 401 North Front Street, Suite 300, Columbus, Ohio 43215, (602) 505-4325, as well as to the Federal Trade Commission and the appropriate state regulatory agencies. This instruction highlights the importance of relying solely on the documented financial performance representations within the FDD and verifying any additional claims with the appropriate authorities.