After termination of my Cream franchise, what must I do with confidential information, including the Brand Manual?

According to Cream's 2025 Franchise Disclosure Document, after termination of the Franchise Agreement, you must return or destroy, as directed by Cream, all items, forms, and materials containing any Mark or relating to Cream Scoop Shops. This includes any and all Confidential Information, such as the Brand Manual and any customer data from your Computer System. Cream specifies that the Brand Manual is considered part of Confidential Information.

Cream emphasizes that all Confidential Information is owned by them or their affiliates. Franchisees acknowledge they will not acquire any interest in Cream's Confidential Information, other than the right to use it as specified in the Franchise Agreement. Unauthorized use or disclosure of Confidential Information is considered an unfair method of competition and a breach of trust, resulting in irreparable harm to Cream.

These obligations regarding confidentiality survive the termination of the Franchise Agreement. This means that even after the agreement ends, the franchisee remains responsible for maintaining the confidentiality of Cream's proprietary information. This is a standard practice in franchising to protect the franchisor's brand and trade secrets.