Which section of the Cream Franchise Agreement outlines the franchisee's obligation to comply with standards, policies, and the operating manual?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
We will make the brand manual for the operation of Jeni's Ice Creams Scoop Shops available to you during the Term (the "Brand Manual"), which may include one or more separate manuals, newsletters, memos, or bulletins, as well any audio or video content, and/or other content available through or distributed by any Digital Presence or other electronic or digital means. The Brand Manual contains mandatory specifications, standards, operating procedures, and rules that we periodically prescribe for operating Jeni's Ice Creams Scoop Shops ("System Standards"), other specifications, standards, and policies we may suggest from time to time, and information on your obligations under this Agreement. We may modify the Brand Manual periodically to reflect changes in System Standards. If we make any portion of the Brand Manual available on any Digital Presence, you agree to monitor and access that Digital Presence for any updates to the Brand Manual. You agree that the Brand Manual and any passwords or other access credentials necessary to access the Brand Manual on any Digital Presence will be deemed to be part of Confidential Information (as defined in Section 6.A). We have no obligation to provide you a printed copy of the Brand Manual.
Source: Item 9 — FRANCHISEE'S OBLIGATIONS (FDD pages 24–27)
What This Means (2025 FDD)
According to the 2025 FDD, Section 4.E of the Cream Franchise Agreement addresses the franchisee's obligation to comply with the brand manual and system standards. This section states that Cream will make the brand manual available to franchisees during the term of the agreement. The brand manual includes mandatory specifications, standards, operating procedures, and rules that Cream periodically prescribes for operating Jeni's Ice Creams Scoop Shops, referred to as "System Standards."
Cream may modify the Brand Manual periodically to reflect changes in System Standards. If any portion of the Brand Manual is available on any Digital Presence, franchisees must monitor and access that Digital Presence for any updates to the Brand Manual. The Brand Manual and any access credentials are part of Confidential Information. Cream is not obligated to provide a printed copy of the Brand Manual.
As a Cream franchisee, it is critical to understand that adhering to the Brand Manual and System Standards is a mandatory part of the Franchise Agreement. Failure to comply with these standards could result in penalties or termination of the franchise agreement. Franchisees should regularly check for updates to the Brand Manual on any Digital Presence to ensure they are following the most current guidelines.