Does Cream have the right to approve or disapprove advertising materials I create for my Cream franchise?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
During your operation of your Shop, we or our designees will:
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- Approve or disapprove advertising materials (Franchise Agreement Section 9.C).
Your Local Advertising. You are responsible for conducting all local advertising for your Shop. However, you must satisfy our System Standards for all advertising for your Shop and/or using the Marks or the System. Our System Standards may require that you advertise and market your Shop in specific advertising mediums we determine, use forms of advertisement we approve, list your Shop with the online directories and subscriptions we prescribe, and/or include links or references to Digital Presences in the manner we prescribe. Your advertising, promotion, and marketing must be completely clear, factual, and not misleading and conform to both the highest standards of ethical advertising and marketing and the advertising and marketing policies that we prescribe. At least 14 days before you use them, you must send us for approval samples of all advertising, promotional, and marketing materials which we have not prepared or previously approved. If you do not receive written approval within 14 days after we receive the materials, they are deemed to be disapproved. Once we approve the materials, you are permitted to use them. However, we may withdraw our approval at any time and for any reason. You may not use any advertising, promotional, or marketing materials that we have not approved or have disapproved. We may also elect to control any or all Digital Presences associated with the Marks and/or your Shop, including that we may elect to control responses posted to comments of your customers on third-party platforms and directories.
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS, AND TRAINING (FDD pages 28–35)
What This Means (2025 FDD)
According to Cream's 2025 Franchise Disclosure Document, Cream retains the right to approve or disapprove advertising materials franchisees create for their shops. Cream's FDD states that they will either approve or disapprove advertising materials.
For local advertising, franchisees are responsible for conducting advertising for their shop, but it must adhere to Cream's System Standards. These standards may dictate specific advertising mediums, approved advertisement forms, required online directory listings, and prescribed links or references to Digital Presences. All advertising must be clear, factual, and ethical, aligning with Cream's advertising and marketing policies.
Franchisees must submit advertising, promotional, and marketing materials to Cream for approval at least 14 days before use. If written approval is not received within 14 days of Cream receiving the materials, the materials are considered disapproved. Even after approval, Cream can withdraw its approval at any time and for any reason, and franchisees are prohibited from using unapproved or disapproved materials. Cream also has the option to control any Digital Presences associated with the Cream brand or the franchisee's shop, including managing responses to customer comments on third-party platforms.