Is the tenant granted the right to display the marks at the premises for a Cream franchise?

According to the 2025 FDD, the landlord grants the tenant the right to display Cream's marks at the premises, contingent upon applicable laws. The landlord also agrees to allow the tenant to use Cream's standard interior and exterior signage and designs, provided local governmental authorities permit it. The tenant bears the cost of a panel on any pylon/monument/directory sign for the development where the premises is located and can install a standard sign approved by Cream, including Cream's logo.

This arrangement ensures that Cream franchisees can properly brand their locations, which is crucial for attracting customers and maintaining brand consistency. However, franchisees must be aware of and comply with local regulations regarding signage, which may limit the extent to which they can display Cream's marks. The franchisee is responsible for the costs associated with signage, so they should factor this into their initial investment and ongoing expenses.

The lease agreement also acknowledges the franchise relationship, stating that the tenant intends to operate a Jeni's Ice Creams Scoop Shop at the premises and that the tenant's rights to use the Jeni's name, trademarks, and service marks are solely pursuant to the franchise agreement between the tenant and Jeni's Splendid Ice Creams Franchise, LLC. The landlord agrees not to take any action that would prohibit the tenant from operating the Jeni's Ice Creams Scoop Shop as contemplated by the Franchise Agreement.

Overall, these provisions in the lease agreement are designed to protect Cream's brand identity and ensure that franchisees can operate their businesses in accordance with the franchise agreement. Prospective franchisees should carefully review the lease agreement and any local regulations regarding signage to understand their rights and obligations.