Are there any geographic limitations on the applicability of the Cream financial performance representations?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
19, for example, by providing information about performance at a particular location or under particular circumstances.
As of December 31, 2024, there were a total of 87 corporate-owned Jeni's Ice Creams Scoop Shops operating in the United States. Of the 87 corporate-owned Jeni's Ice Creams Scoop Shops, 2 opened during 2024 and were not operating for the entirety of 2024, and 2 operated on a limited seasonal basis and therefore were not operating for the entirety of 2024. The data presented in this Item 19 is based
on the remaining 83 corporate-owned Jeni's Ice Creams Scoop Shops operating in the United States for the entirety of the 2024 calendar year (the "Item 19 Shops"). We had no franchised outlets operating as of the end of our most recent fiscal year and are therefore not able to present results for franchised outlets.
Source: Item 19 — FINANCIAL PERFORMANCE REPRESENTATIONS (FDD pages 51–57)
What This Means (2025 FDD)
According to Cream's 2025 Franchise Disclosure Document, the financial performance representations provided are based on the performance of corporate-owned Jeni's Ice Creams Scoop Shops operating within the United States. Specifically, the Item 19 data is derived from 83 corporate-owned shops that operated for the entirety of the 2024 calendar year.
This means that the financial figures presented in Item 19, such as Net Sales, COGS, Gross Profit, and Net Profit, reflect the performance of shops located across the United States. A prospective franchisee should consider that these figures may not be directly applicable to locations outside of the U.S., as market conditions, consumer preferences, and operating costs can vary significantly from one country to another.
While the data is based on U.S. operations, Cream does not specify any particular state or regional limitations within the U.S. This suggests that the data is intended to provide a general overview of potential financial performance across the country. However, franchisees should still conduct their own due diligence to assess the specific market conditions and potential for success in their chosen location, even within the United States. Cream indicates that written substantiation for the financial performance representation will be made available upon reasonable request.