What specific attachment must be updated when transferring any beneficial or ownership interest in a Cream franchise?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
our then-current form of franchise agreement and related documents, any and all of the provisions of which may differ materially from any and all of those contained in this Agreement, including the Royalty and the Brand Fund Contribution; provided, that the term of the new franchise agreement signed will equal the then-remaining Term;
- (9) the transferee(s) must (if the transfer is any beneficial or ownership interest in you) (i) sign our then-current form of guaranty undertaking personally to be bound, jointly and severally, by all provisions of this Agreement and any ancillary agreements between you and us, and (ii) provide us with an updated Attachment A;
Source: Item 23 — RECEIPTS (FDD pages 61–192)
What This Means (2025 FDD)
According to Cream's 2025 Franchise Disclosure Document, if a franchisee transfers any beneficial or ownership interest in the franchise, the transferee(s) must sign Cream's then-current form of guaranty undertaking and provide Cream with an updated Attachment A or Attachment D. The specific attachment required depends on whether the franchise agreement pertains to a shop or development rights.
Specifically, if the transfer relates to a Jeni's Ice Creams Scoop Shop, the transferee must provide an updated Attachment A. If the transfer relates to area development rights, the transferee must provide an updated Attachment D.
This requirement ensures that Cream has current information about the ownership and interests in the franchise, and that all parties involved are bound by the terms of the franchise agreement. This is a standard practice in franchising to maintain control and oversight over the franchise system.