What is the role of JENI'S SPLENDID ICE CREAMS FRANCHISE, LLC. in relation to the Representations Statement for Cream?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
The purpose of this Statement is to demonstrate to JENI'S SPLENDID ICE CREAMS FRANCHISE, LLC. ("Franchisor") that the person(s) signing below ("I," "me" or "my"), whether acting individually or on behalf of any legal entity established to acquire the franchise rights, (a) fully understands that the purchase of a Jeni's franchise rights is a significant long-term commitment, complete with its associated risks, and (b) is not relying on any statements, representations, promises or assurances that are not specifically set forth in Franchisor's Franchise Disclosure Document (the "FDD") in deciding to purchase the franchise. In that regard, I represent to Franchisor and acknowledge that:
Source: Item 23 — RECEIPTS (FDD pages 61–192)
What This Means (2025 FDD)
According to the 2025 Franchise Disclosure Document, Jeni's Splendid Ice Creams Franchise, LLC. uses the Representations Statement to ensure that prospective franchisees understand the risks of investing in a Cream franchise and are not relying on any claims or promises not included in the FDD. The statement serves as an acknowledgment from the franchisee that they are making an informed decision based on the information provided in the FDD.
Cream requires franchisees to confirm they understand that purchasing a Jeni's franchise is a significant, long-term commitment with associated risks. By signing the Representations Statement, franchisees acknowledge they are not relying on any external statements, representations, promises, or assurances not explicitly outlined in Cream's Franchise Disclosure Document. This is a way for Cream to protect itself from future legal disputes based on misunderstandings or misinterpretations of information outside the FDD.
However, the document specifies that if the franchise is to be located in Illinois, Indiana, Maryland, Michigan, Minnesota, Virginia, or Wisconsin, the franchisee should not sign or initial the questionnaire. This is likely due to specific state laws designed to protect franchisees in those states. These laws may prevent a franchisee from waiving certain rights or disclaiming reliance on statements made by the franchisor, even if those statements are not in the FDD. Therefore, Cream appears to be adjusting its practices to comply with these state-specific regulations.
In summary, the Representations Statement is a tool used by Cream to confirm that franchisees are making informed decisions based solely on the information provided in the FDD, with specific exceptions for franchisees in certain states where such statements may not be enforceable.