What is the required action regarding employee training to operate a Cream shop?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
rrently, $500 per trainer per day, plus reimbursement of our costs and expenses).
Personnel Training. You must ensure that all of your employees and personnel, including any Shopkeeper(s), are appropriately trained to operate your Shop in accordance with the Franchise Agreement and our System Standards. We may establish certain minimum requirements for your employee training programs, including that we may require that your Mandatory Trainees and/or other personnel complete a nationally recognized health certification course. If you engage any new Shopkeeper(s) during the term of the Franchise Agreement, we may require that such person(s) satisfactorily complete a training program we have approved before providing services at your Shop. If we do not approve you to offer training to Shopkeeper(s), and/or you are at any time not in compliance with our System Standards, we may require such Shopkeeper(s) complete our then-current Initial Training Program, and we may charge our then-current training fee for the Initial Training Program (currently, $1,000 per attendee, plus our costs and expenses). You are responsible for all costs and expenses that you and your personnel incur for all training that we provide.
You must pay all expenses (including wages, transportation, food, lodging, and workers' compensation insurance) that you and your Mandatory Trainees or any other personnel incurs during any and all meetings and/or training courses and programs, including the Initial Training Program.
Ongoing Training and Guidance. Subject to limitations on scheduling, availability, and similar resources, we will provide you with other general advice from time to time regarding the operation of your Shop. We may provide guidance on the telephone, virtually, or at our offices. If you request, and we agree to provide, additional or special guidance, assistance, or training, we may charge you our then-current additional training fee, and you must reimburse all of our and our representatives' costs for providing such guidance, assistance, or training, including travel, food, accommodations, and living expenses. Additionally, if we at any time determine that you are not operating your Shop in compliance with our System Standards, we may require additional training for your Mandatory Trainees, and we may charge you our then-current additional training fee for such training (currently, $500 per trainer per day, plus reimbursement of our costs and expenses).
We may from time to time require that your Mandatory Trainees attend and satisfactorily complete various ongoing training courses and/or certification programs at the times and locations that we designate, including courses and programs provided by us, our affiliates, our representatives, or other third-parties we designate. We may also require you (or your Principal Owner) and your Shopkeeper attend an annual meeting of franchise owners at the location we designate. If we host such a conference, you must pay our then-current conference fee (up to $1,500 per person), for each required attendee regardless of whether such persons attend the conference.
ITEM 12 TERRITORY
Area Development Agreement
You will not receive an exclusive territory under the Area Development Agreement. You may face competition from other franchisees, from outlets that we own, or from other channels of distribution or competitive brands that we control. However, as long as you are in compliance with your Area Development Agreement, all Franchise Agreements signed pursuant to the Area Development Agreement, and subject to the exclusions and limitations described below, neither we nor any of our affiliates will establish or operate or authorize any other person to establish or operate a Jeni's Ice Creams Scoop Shop in your Development Area. Otherwise, you have no territorial protection and we and our affiliates retain all rights to conduct business activities of any kind, including the right to:
- (1) establish and operate, and allow others to establish and operate, other Jeni's Ice Creams Scoop Shops using the System, at any location outside the Development Area, on such terms and conditions we deem appropriate;
- (2) establish and operate, and allow others to establish and operate, any other type of business, including any business that may offer products and services which are identical to, similar to, or competitive with products and services offered by Jeni's Ice Creams Scoop Shops, under trade names, trademarks, service marks, and commercial symbols other than the "Jeni's®" name and marks, anywhere in the world, including in the Development Area;
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS, AND TRAINING (FDD pages 28–35)
What This Means (2025 FDD)
According to the 2025 FDD, Cream requires franchisees to ensure that all employees and personnel, including Shopkeepers, are appropriately trained to operate the shop according to the Franchise Agreement and System Standards. Cream may establish minimum requirements for employee training programs, potentially including a nationally recognized health certification course for Mandatory Trainees or other personnel. If a franchisee hires new Shopkeepers during the franchise term, Cream may require them to complete an approved training program before they start working at the shop.
If Cream does not approve the franchisee to offer training to Shopkeepers, or if the franchisee is not compliant with System Standards, Cream may require Shopkeepers to complete the Initial Training Program. The current training fee for the Initial Training Program is $1,000 per attendee, plus Cream's costs and expenses. The franchisee is responsible for all costs and expenses incurred by themselves and their personnel for any training provided by Cream.
Cream also offers ongoing training and guidance, subject to scheduling and resource limitations. This guidance may be provided via telephone, virtually, or at Cream's offices. If the franchisee requests additional or special guidance, assistance, or training, Cream may charge an additional training fee, and the franchisee must reimburse all costs, including travel, food, and accommodations. If Cream determines that a franchisee is not operating the shop in compliance with System Standards, Cream may require additional training for Mandatory Trainees and charge an additional training fee, currently $500 per trainer per day, plus reimbursement of costs and expenses. For the first shop, the franchisee (or Principal Owner) and Shopkeeper must complete the Initial Training Program to Cream's satisfaction. Cream will provide this Initial Training Program for up to three attendees at no cost, including the Mandatory Trainees, provided they attend at the same time. Cream may vary the content and duration of the Initial Training Program based on the attendees' experience and responsibilities. If the Mandatory Trainees cannot complete the Initial Training Program to Cream's satisfaction, Cream may terminate the Franchise Agreement.
Cream may charge a fee for the Initial Training Program (currently $1,000 per attendee, plus reimbursement of costs and expenses) if more than three persons attend the Initial Training Program for the first shop, if any portion of the Initial Training Program is provided more than once, or if Mandatory Trainees attend the Initial Training Program for the second or subsequent shop. Cream may deny requests for additional attendees at the Initial Training Program, other than the Mandatory Trainees for the first shop, for any reason. Cream also provides on-site opening support for the first shop for 5 days at no additional cost. If more than 5 days of support are needed, or if on-site support is needed for subsequent shops, the franchisee must pay an additional training fee of $500 per trainer per day, plus reimbursement of costs and expenses.