Where are all of my rights and responsibilities and those of the Cream Franchisor set forth?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
For the avoidance of doubt, we reserve for ourselves and our affiliates all rights not expressly granted to you in this Agreement and the right to do all things that we do not expressly agree in this Agreement not to do, in each case, without compensation to you, without regard to proximity to your Development Area, and on such terms and conditions as we deem appropriate. For example, and without limitation, we and our affiliates may, ourselves or through authorized third parties:
- (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;
- (3) establish, and allow others to establish, businesses and distribution channels other than a Jeni's Ice Creams Scoop Shop (including, selling products at retail, wholesale, or through any online presence), wherever located or operating, including in your Development Area, regardless of the nature or location of the customers with whom such other businesses and distribution channels do business, regardless of the nature or location of the customers with whom such other businesses and distribution channels do business, including businesses that
Source: Item 23 — RECEIPTS (FDD pages 61–192)
What This Means (2025 FDD)
According to Cream's 2025 Franchise Disclosure Document, the terms of the franchise agreement outline the rights, duties, and responsibilities of both the franchisee and Cream.
Specifically, the agreement details aspects such as the franchisee's rights to operate a Jeni's Ice Creams Scoop Shop and use Cream's trademarks, as well as Cream's rights to reserve any rights not expressly granted to the franchisee. The agreement also outlines the franchisee's obligation to adhere to a development schedule and business plan, and Cream's right to receive business reports and information about the franchisee's development plans.
Furthermore, the franchise agreement addresses potential scenarios such as the landlord's acknowledgment of the franchise relationship, consent to collateral assignment to Cream, and Cream's right to enter the premises under certain conditions. It also covers aspects like waivers of obligations, costs and attorneys' fees in case of legal proceedings, and the handling of payments due to Cream. These provisions collectively define the legal framework governing the relationship between Cream and its franchisees.