What are the System Standards within the Cream Brand Manual?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
any time and for any reason, elect to conduct any or all support, inspections, training, or other services virtually, and you agree to comply with our instructions for all virtual programs.
E. BRAND MANUAL.
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.
F. DELEGATION OF PERFORMANCE.
We have the right to delegate the performance of any portion or all of our obligations under this Agreement to third-party designees, whether these designees are our agents or independent contractors with whom we have contracted to perform these obligations.
5. INTELLECTUAL PROPERTY.
A. OWNERSHIP AND GOODWILL.
You acknowledge and agree that the Marks and the System are owned by us and/or our affiliates. You acknowledge and agree that your use of the Marks and the System and any goodwill established by that use are exclusively for our and our affiliates' (as applicable) benefit. This Agreement does not confer any goodwill or other interests in the Marks or the System upon you (other than the right to operate your Shop under this Agreement). Your unauthorized use of the Marks and the System would be a breach of this Agreement and an infringement on the intellectual property rights of us and our affiliates (as applicable). Your unauthorized use of the Marks and the System will cause us and our affiliates (as applicable) irreparable harm for which there is no adequate remedy at law and will entitle us and our affiliates (as applicable) to injunctive relief. All provisions of this Agreement relating to the Marks and the System apply to any additional or modified components of the Marks and the System we authorize you to use. You may not at any time during or after the Term contest or assist any other person in contesting the validity of any registration for the Marks or the System, and/or our and our affiliates' (as applicable) rights to the Marks and the System.
B. USE OF MARKS AND SYSTEM.
You are hereby granted a limited, non-exclusive license to use the Marks and the System, during the Term, strictly to operate your Shop in compliance with the terms of this Agreement and our System Standards. You have no right to sublicense or assign your right to use the Marks and the System. You agree to use and display the Marks in the style and graphic manner we describe in the Brand Manual.
Source: Item 23 — RECEIPTS (FDD pages 61–192)
What This Means (2025 FDD)
According to the 2025 FDD, Cream's System Standards are mandatory specifications, standards, operating procedures, and rules that Cream periodically prescribes for operating its Scoop Shops. These standards are detailed in the Brand Manual, which Cream will make available to franchisees during the term of the agreement. The Brand Manual may consist of one or more separate manuals, newsletters, memos, bulletins, audio or video content, and other content available through digital means. Cream retains the right to modify the Brand Manual periodically to reflect changes in System Standards. Franchisees are responsible for monitoring any Digital Presence for 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.
Cream franchisees must operate and maintain their shops according to each System Standard, as Cream periodically modifies and supplements them. While Cream retains the right to establish and modify these standards, the franchisee is responsible for the day-to-day management, operation, implementation, and maintenance of System Standards at their shop. System Standards may regulate any aspect of the shop's operation and maintenance.
Cream also retains the right to vary System Standards for any franchise owner based on specific conditions that Cream considers important to that franchise owner's successful operation or preserving the goodwill of the System and Marks. However, Cream is not obligated to authorize similar variations or accommodations to other franchise owners. Franchisees are required to maintain the condition and appearance of their shop to meet the highest standards of professionalism, cleanliness, sanitation, efficiency, courteous service, and pleasant ambiance. This includes cleaning, repainting, redecorating, interior and exterior repair, and repair or replacement of damaged or obsolete equipment.