Is Cream required to provide a printed copy of the Brand Manual to franchisees?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
We will make the brand manual for the operation of Jeni's Ice Creams Scoop Shops available to you during the Term (the "Brand Manual"), which may include one or more separate manuals, newsletters, memos, or bulletins, as well any audio or video content, and/or other content available through or distributed by any Digital Presence or other electronic or digital means. The Brand Manual contains mandatory specifications, standards, operating procedures, and rules that we periodically prescribe for operating Jeni's Ice Creams Scoop Shops ("System Standards"), other specifications, standards, and policies we may suggest from time to time, and information on your obligations under this Agreement. We may modify the Brand Manual periodically to reflect changes in System Standards. If we make any portion of the Brand Manual available on any Digital Presence, you agree to monitor and access that Digital Presence for any updates to the Brand Manual. You agree that the Brand Manual and any passwords or other access credentials necessary to access the Brand Manual on any Digital Presence will be deemed to be part of Confidential Information (as defined in Section 6.A). We have no obligation to provide you a printed copy of the Brand Manual.
Source: Item 23 — RECEIPTS (FDD pages 61–192)
What This Means (2025 FDD)
According to the 2025 FDD, Cream is not obligated to provide franchisees with a printed copy of the Brand Manual. Instead, Cream will make the Brand Manual available to franchisees during the term of the agreement, potentially through digital means such as a Digital Presence or other electronic methods. The Brand Manual may consist of separate manuals, newsletters, memos, bulletins, audio or video content. Franchisees are responsible for monitoring any Digital Presence for updates to the Brand Manual.
The Brand Manual contains mandatory specifications, standards, operating procedures, and rules that Cream periodically prescribes for operating Jeni's Ice Creams Scoop Shops, referred to as System Standards. It also includes other specifications, standards, and policies that Cream may suggest from time to time, as well as information on the franchisee's obligations under the Franchise Agreement. Cream retains the right to modify the Brand Manual periodically to reflect changes in System Standards.
Since the Brand Manual and any access credentials are deemed Confidential Information, franchisees must treat them accordingly, as outlined in Section 6.A of the agreement. This means franchisees are responsible for maintaining the confidentiality of the Brand Manual and ensuring that it is only accessed and used for the operation of their Cream Scoop Shop. The Brand Manual is proprietary and includes trade secrets, so franchisees must protect it from unauthorized use or disclosure.