Can I sell or trade Cream's Confidential Information?

According to Cream's 2025 Franchise Disclosure Document, franchisees are explicitly prohibited from selling or trading the company's Confidential Information. The FDD states that franchisees must keep confidential and not disclose, sell, distribute, or trade Cream's Confidential Information to any person other than those employees and representatives who need to know such information to assist in operating the Cream shop.

This restriction is a standard practice in franchising, designed to protect the franchisor's proprietary information and maintain a competitive advantage. Confidential Information includes, but is not limited to, site selection criteria, training and operations manuals, system standards, recipes, ingredient lists, market research, supplier information, software, and customer data. Cream considers unauthorized use or disclosure of its Confidential Information an unfair method of competition and a breach of trust that would cause irreparable harm.

The franchisee is responsible for any violation of this requirement by anyone to whom they provide Confidential Information. Franchisees must also adopt and maintain safeguards to prevent unauthorized use or disclosure, including security measures and contractual obligations for those with access. This obligation extends to current and former spouses, immediate family members, owners, officers, directors, employees, representatives, affiliates, successors, and assigns. Cream also retains the right to request the destruction or return of any Confidential Information.