Under the lease agreement, who is solely responsible for all obligations under the lease for a Cream franchise?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
Landlord acknowledges that Tenant alone is responsible for all obligations under the Lease unless and until Franchisor or another franchisee expressly, and in writing, assumes such obligations and takes actual possession of the Premises.
Source: Item 23 — RECEIPTS (FDD pages 61–192)
What This Means (2025 FDD)
According to the 2025 FDD, the Cream franchisee (referred to as "Tenant" in the lease agreement) is solely responsible for all obligations under the lease for a Cream franchise. The landlord acknowledges that the Cream franchisee independently owns and operates the premises.
However, there are exceptions to this rule. The franchisor, Jeni's Splendid Ice Creams Franchise, LLC, or another franchisee can expressly assume these obligations in writing and take actual possession of the premises. This means that while the franchisee is initially responsible, the franchisor has the option to step in and take over the lease obligations under certain circumstances.
This arrangement provides some flexibility for Cream. It also protects the landlord by ensuring that someone is always responsible for the lease obligations. For a prospective franchisee, it's important to understand the conditions under which the franchisor might assume the lease, as this could impact the franchisee's control over their business location.