Under the Cream Franchise Agreement, which section covers the franchisee's obligation for initial and ongoing training?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
[Item 11: FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS, AND TRAINING]
Initial and Ongoing Training
Initial Training Program. For the first Jeni's Ice Creams Scoop Shop that you develop, prior to your Opening Date, you (or if you are conducting business as an entity, your Principal Owner) and your Shopkeeper (together, the "Mandatory Trainees") must complete an initial training program conducted by us on the material aspects of operating a Jeni's Ice Creams Scoop Shop (the "Initial Training Program") to our satisfaction. We will control the substance and duration of our Initial Training Program, which will be held at a location of our choice, which may be virtual. If this is the first Jeni's Ice Creams Scoop Shop you develop, we will provide the Initial Training Program for up to three attendees that you select and we approve, at no cost to you, which must include your Mandatory Trainees, provided all attendees attend the Initial Training Program at the same time. We may vary the contents or duration of the Initial Training Program based on the experience, role, responsibilities of your attendees, and other factors we determine. We will also determine the timing, dates, and schedule of the Initial Training Program. If we determine that the Mandatory Trainees cannot complete the Initial Training Program to our satisfaction, we may terminate your Franchise Agreement. Scheduling of the Initial Training Program is based on the availability of the Mandatory Trainees and our trainers, training facility availability and the projected Opening Date for your Shop.
We may charge you our then-current fee for the Initial Training Program (currently $1,000 per attendee, plus reimbursement of our costs and expenses) if: (i) you request that more than three persons attend the Initial Training Program for your first Jeni's Ice Creams Scoop Shop, and we approve such persons to attend; (ii) we provide any portion of the Initial Training Program more than once to accommodate your attendees; and/or (iii) you request and/or we require that your Mandatory Trainees attend the Initial Training Program for the second or subsequent Jeni's Ice Creams Scoop Shop you develop. We may also deny your request for additional attendees at the Initial Training Program, other than the Mandatory Trainees for your first Jeni's Ice Creams Scoop Shop, for any reason.
Personnel Training. You must ensure that all of your employees and personnel, including any Shopkeeper(s), are appropriately trained to operate your Shop in accordance with the Franchise Agreement and our System Standards. We may establish certain minimum requirements for your employee training programs, including that we may require that your Mandatory Trainees and/or other personnel complete a nationally recognized health certification course. If you engage any new Shopkeeper(s) during the term of the Franchise Agreement, we may require that such person(s) satisfactorily complete a training program we have approved before providing services at your Shop. If we do not approve you to offer training to Shopkeeper(s), and/or you are at any time not in compliance with our System Standards, we may require such Shopkeeper(s) complete our then-current Initial Training Program, and we may charge our then-current training fee for the Initial Training Program (currently, $1,000 per attendee, plus our costs and expenses). You are responsible for all costs and expenses that you and your personnel incur for all training that we provide.
You must pay all expenses (including wages, transportation, food, lodging, and workers' compensation insurance) that you and your Mandatory Trainees or any other personnel incurs during any and all meetings and/or training courses and programs, including the Initial Training Program.
Ongoing Training and Guidance. Subject to limitations on scheduling, availability, and similar resources, we will provide you with other general advice from time to time regarding the operation of your Shop. We may provide guidance on the telephone, virtually, or at our offices. If you request, and we agree to provide, additional or special guidance, assistance, or training, we may charge you our then-current additional training fee, and you must reimburse all of our and our representatives' costs for providing such guidance, assistance, or training, including travel, food, accommodations, and living expenses. Additionally, if we at any time determine that you are not operating your Shop in compliance with our System Standards, we may require additional training for your Mandatory Trainees, and we may charge you our then-current additional training fee for such training (currently, $500 per trainer per day, plus reimbursement of our costs and expenses).
Source: Item 9 — FRANCHISEE'S OBLIGATIONS (FDD pages 24–27)
What This Means (2025 FDD)
According to Cream's 2025 Franchise Disclosure Document, Item 11 details the franchisee's obligations regarding initial and ongoing training. For the first Jeni's Ice Creams Scoop Shop, the franchisee (or the Principal Owner if the franchisee is an entity) and the Shopkeeper must complete the Initial Training Program. Cream controls the substance and duration of the Initial Training Program, which may be held virtually or at a location of their choice. Cream will provide this training at no cost for up to three attendees, including the Mandatory Trainees, for the first shop, provided they all attend at the same time.
The FDD specifies that Cream may charge a fee for the Initial Training Program under certain circumstances, currently $1,000 per attendee plus costs and expenses, if more than three people attend for the first shop, if any portion of the training is repeated, or if training is required for subsequent shops. Cream also retains the right to deny additional attendees beyond the Mandatory Trainees for the first shop. Franchisees are responsible for ensuring all employees, including Shopkeepers, are appropriately trained and may be required to have Mandatory Trainees or other personnel complete a nationally recognized health certification course.
Cream may also require new Shopkeepers to complete an approved training program, potentially the Initial Training Program at a cost of $1,000 per attendee plus expenses, if the franchisee is not approved to offer training or is not compliant with System Standards. Franchisees are responsible for all training-related costs, including wages, transportation, food, lodging, and workers' compensation insurance for themselves and their personnel. Cream will provide general advice and guidance periodically, but may charge additional fees for special requests or if the franchisee is not operating in compliance with System Standards, with additional training costing $500 per trainer per day plus expenses.