Does Cream retain the right to modify System Standards?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
on. In addition, nothing in this Agreement shall prohibit you from reporting a suspected violation of law to the appropriate governmental agency or authority.
8. OPERATION OF YOUR SHOP.
A. SYSTEM STANDARDS.
You agree at all times to operate and maintain your Shop according to each and every System Standard, as we periodically modify and supplement them. Though we retain the right to establish and periodically modify System Standards, you retain the sole responsibility for the day-to-day management and operation of your Shop and the implementation and maintenance of System Standards at your Shop. System Standards may regulate any aspect of the operation and maintenance of your Shop, including any one or more of the following:
(1) amounts and types of fixtures, furniture, equipment, components of the Computer System, furnishings, signs, and other operating assets, inventory, products, materials, and services used by a Jeni's Ice Creams Scoop Shop;
(2) sales, marketing, advertising, and promotional campaigns, including prize contests, special offers, and other national, regional, or location marketing programs, and materials and media used in these programs;
(3) minimum staffing levels, qualifications, training, uniforms, and appearance (although you have sole responsibility and authority concerning all other matters relating to employee and personnel, including hiring and promotion, hours worked, rates of pay and other benefits, work assigned, the manner of performing work, and working conditions);
- (4) use and display of the Marks;
- (5) days and hours of operation;
(6) accepting credit and debit cards, other payment systems, currencies, and check verification services;
(7) participation in market research and testing and product and service development programs;
(8) issuing and honoring gift cards, gift certificates, and similar items, and participating in loyalty programs;
(9) menus, including product offerings, recipes, appearance, and nutrition, allergen, and similar information;
(10) bookkeeping, accounting, data processing, reporting, and recordkeeping systems and forms;
- (11) participation in quality assurance and customer satisfaction programs;
(12) policies for the registration, use, content, and/or management of Digital Presences or other technology systems, solutions, or products;
(13) use of any third-party food delivery, online ordering, or other order management or fulfillment services;
(14) types, amounts, terms, and conditions of insurance coverage required for your Shop, including criteria for your insurance carriers; and
(15) any other aspects of operating and maintaining your Shop that we determine to be useful to preserve or enhance the efficient operation, image or goodwill of the Marks and Jeni's Ice Creams Scoop Shops.
You understand that the System will continue to evolve during the Term and the System Standards may change periodically. These modifications may obligate you to invest additional capital in your Shop and/or incur higher operating costs. You agree to implement any changes to your Shop in accordance with our System Standards within the time period we request, including by purchasing any additional or modified equipment, inventory, or other products or supplies, using alternative suppliers, making changes to signage and advertising materials, offering additional or modified products or services, changing marketing or business strategies, and/or updating the Computer System. You will be solely responsible for the costs of implementing all changes to your Shop.
Source: Item 23 — RECEIPTS (FDD pages 61–192)
What This Means (2025 FDD)
According to Cream's 2025 Franchise Disclosure Document, Cream retains the right to periodically modify and supplement the System Standards. Franchisees must operate and maintain their shops according to these standards. These System Standards can regulate any aspect of the shop's operation and maintenance.
Cream also has the right to modify, substitute, add, or discontinue the use of any Marks or the System. Franchisees must make modifications and updates as specified by Cream and comply with all directions regarding the use of the Marks and the System within a reasonable time after receiving notice. Cream is not required to reimburse franchisees for any costs or expenses associated with these changes, promoting a modified or substitute Mark, or for any loss of revenue due to any modification to the Marks or System.
These modifications may require franchisees to invest additional capital in their shops and/or incur higher operating costs. Franchisees are solely responsible for the costs of implementing all changes to their shops, including purchasing additional or modified equipment, inventory, or other products or supplies, using alternative suppliers, making changes to signage and advertising materials, offering additional or modified products or services, changing marketing or business strategies, and/or updating the Computer System. Cream also reserves the right to vary System Standards for any franchise owner based on specific conditions that Cream considers important to that franchise owner's successful operation or preserving the goodwill of the System and Marks.
Cream will make the Brand Manual available to franchisees, which contains mandatory specifications, standards, operating procedures, and rules that Cream periodically prescribes for operating Jeni's Ice Creams Scoop Shops. Cream may modify the Brand Manual periodically to reflect changes in System Standards. Franchisees are responsible for monitoring and accessing any Digital Presence for updates to the Brand Manual.