Does Cream require franchisees to acknowledge that they are not relying on Cream's site approval for their benefit?

According to Cream's 2025 Franchise Disclosure Document, franchisees must acknowledge that they are not relying on Cream's site approval for their own benefit. Cream will determine whether to approve or disapprove a site based on its own criteria, which may change. Cream is not obligated to visit proposed sites in person, but may choose to do so. The first site evaluation visit that Cream elects to conduct will not incur a fee, but subsequent visits will cost the franchisee $2,000 per visit, plus reimbursement for out-of-pocket costs and expenses incurred by Cream and its representatives, including travel, food, accommodations, and third-party fees.

Cream's recommendation or approval of a site does not constitute a representation or warranty of its suitability for a Jeni's Ice Creams Scoop Shop or any other purpose. Cream's approval indicates only that the site meets Cream's minimum criteria, which are established for Cream's own purposes and should not be relied upon by the franchisee as an indicator of success. Franchisees are advised to conduct their own independent investigation before selecting a site for approval. Cream is not responsible if the selected site, even if recommended or approved by Cream, fails to meet the franchisee's expectations.

This requirement is fairly standard in franchising. It underscores that while Cream offers guidance and approval in site selection, the ultimate responsibility for the site's success rests with the franchisee. The franchisee bears the risk and is expected to perform their own due diligence to ensure the site meets their specific needs and expectations. This includes assessing local market conditions, demographics, and other factors that may influence the success of the Cream location.