Can Cream request further information about a franchisee's development plans?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
You must send us a report of your business activities, including information about your efforts to find sites for Jeni's Ice Creams Scoop Shops in the Development Area and the status of development and projecting openings for each Jeni's Ice Creams Scoop Shop under development in the Development Area as follows: (a) until your first Jeni's Ice Creams Scoop Shop is open for business, on a monthly basis within 7 days of the end of each calendar month; and (b) after your first Jeni's Ice Cream Scoop Shop is open for business, on a quarterly basis within 15 days of the end of each calendar quarter. We may at any time during the Term also request further information about your development plans, and you agree to provide us such information upon request.
Source: Item 23 — RECEIPTS (FDD pages 61–192)
What This Means (2025 FDD)
According to Cream's 2025 Franchise Disclosure Document, Cream can request further information about a franchisee's development plans at any time during the term of the agreement. The franchisee is obligated to provide this information upon request. This includes details about efforts to find sites for Cream Scoop Shops in the Development Area, the status of development, and projected openings for each shop under development.
Within 60 days after the agreement's effective date, the franchisee must prepare and submit a business plan to Cream. This plan should include a projected schedule for Scoop Shop development, along with detailed cost and revenue projections. Furthermore, at least 90 days before the start of each calendar year, the franchisee needs to update this business plan. The update should cover the actual results from the previous year and projections for the current year.
While Cream may review and comment on the business plan and updates, the document clarifies that Cream assumes no responsibility for the franchisee's ability to meet the business plan's objectives or achieve the projected results. The franchisee bears the entire responsibility for the business plan's achievement. This highlights the importance of thorough planning and due diligence on the franchisee's part, as Cream's approval of the plan does not guarantee success.