What is the purpose of the required alterations to a former Cream shop?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
- (4) if we do not exercise our option to purchase your Shop under Section 15.D below, promptly and at your own expense, make the alterations we specify to distinguish your Shop clearly from its former appearance and from other Jeni's Ice Creams Scoop Shops, including by removing all materials and signage bearing our Marks and removing from both the interior and exterior of the Premises all materials and components of our trade dress as we determine to be necessary in order to prevent public confusion and in order to comply with the non-competition provisions set forth in Section 15.C;
Source: Item 23 — RECEIPTS (FDD pages 61–192)
What This Means (2025 FDD)
According to Cream's 2025 Franchise Disclosure Document, if Cream does not exercise its option to purchase a franchisee's shop, the franchisee must make alterations to distinguish it from its former appearance and other Cream shops. These alterations include removing all materials and signage bearing Cream's marks and removing all materials and components of Cream's trade dress from the interior and exterior of the premises.
The purpose of these alterations is to prevent public confusion and to comply with non-competition provisions. This means that a former franchisee cannot continue to operate a business that could be mistaken for a Cream shop or that competes unfairly with Cream. The franchisee is responsible for the expense of these alterations.
This requirement is a standard practice in franchising to protect the brand's identity and prevent consumer confusion. It ensures that customers can clearly distinguish between a Cream franchise and a former franchise, maintaining the integrity of the Cream brand. Additionally, it enforces the non-competition agreement, preventing former franchisees from leveraging Cream's brand recognition to unfairly compete with existing Cream franchises.