What is Cream's role in reviewing the Construction Plans and Lease for a franchisee's Shop?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
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Prior to Opening Your Shop
Before you begin operating your Shop, we or our designees will:
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- If you have not received approval for a Premises for your Shop upon signing your agreement, we will review and approve or disapprove a proposed site for your Shop (Area Development Agreement, Section 2.C; Franchise Agreement – Sections 2.A).
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- Review and approve or disapprove the Construction Plans and Lease (each defined below) for your Shop. Other than the Proprietary Products sold by Parent, we do not directly provide, deliver, or install any equipment, signs, fixtures, opening inventory, or supplies for our franchisees (Franchise Agreement – Section 2.B and 2.C).
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- If you are opening your first Jeni's Ice Creams Scoop Shop, provide the Initial Training Program to your Mandatory Trainees (Franchise Agreement – Section 4.A).
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- If you are opening your first Jeni's Ice Creams Scoop Shop, provide on-site opening support for five days in connection with your grand opening (Franchise Agreement – Section 4.C).
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- Make our Brand Manual available to you (Franchise Agreement − Section 4.E).
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- Approve or disapprove your grand opening advertising program (Franchise Agreement Section 9.A).
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- Review and either approve or disapprove your Shop to open for business (Franchise Agreement – Section 2.C).
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 plays a significant role in the approval of both the Construction Plans and the Lease for a franchisee's shop. Before a franchisee can begin operating their Cream shop, Cream must review and either approve or disapprove the Construction Plans and the Lease. The franchisee is responsible for conforming the premises to local ordinances and building codes, obtaining the necessary permits, and completing the construction and remodeling to meet Cream's specifications. The franchisee cannot modify the Construction Plans without Cream's approval and must ensure the shop's design and construction align with the approved plans.
Cream's approval is a critical step before a franchisee can execute any lease or sublease. Franchisees must engage Cream's approved or designated architect to develop detailed Construction Plans that comply with Cream's design specifications, applicable ordinances, building codes, permit requirements, and lease restrictions. Cream must approve these Construction Plans before the franchisee signs the Lease. Similarly, Cream must also approve the Lease itself before it is signed.
Cream sets a deadline of 120 days from signing the Franchise Agreement for franchisees to obtain site approval and secure possession of the site under an approved Lease. Failure to meet these deadlines can result in the termination of the Franchise Agreement. The opening date of the shop depends on several factors, including obtaining Cream's approval of the premises, Construction Plans, and Lease, as well as securing all necessary permits and licenses and constructing the shop according to the approved Construction Plans and System Standards. This process ensures that each Cream location meets the brand's standards and complies with all local regulations, but it also places responsibility on the franchisee to adhere to Cream's requirements and timelines.