Do I include my homemade ice cream recipes when I sell my shop?
Usually yes, if the recipes are what the buyer is paying for, but decide what is included and when it is handed over. Put the recipes in the agreement, share them only once the sale is firm, and state whether you may use them again afterward.
Begin by asking what the buyer is actually acquiring. If the shop’s draw is its flavours, the recipes are central to the sale, and a buyer without them is left with a freezer and a lease. If the draw is location, the recipes matter less. Be honest with yourself about which it is.
Next, think about sequence. Early in talks, describe your process and what makes the product different without revealing exact formulas. Ask any serious buyer to sign a confidentiality agreement first. Hand over full recipes and method notes at or near closing, ideally with a few sessions where you make the batches together.
Then be clear about what happens afterward. Will you be free to make ice cream elsewhere, or sell similar flavours? A buyer may ask you to agree to limits on that, and a lawyer should draft any such term so it is clear and reasonable. If a flavour name is a trademark or part of the shop’s branding, address that too. Finally, write the handover down. List the recipes, the supplier details behind special ingredients, and the training you will give. A written schedule avoids disputes about what was promised.
Key takeaways
- Decide whether the recipes are central to what the buyer is acquiring.
- Share exact formulas only after a confidentiality agreement and, ideally, near closing.
- Put what you will hand over and what limits apply on your own use in writing.
Related reading
15 pages on the same subject, grouped by topic.
Selling
- Expert answerWhen should I sell my ice cream shop?
- Expert answerCan I keep using my recipes after I sell my restaurant?
- Expert answerDoes an employee’s reasonable notice include years of service with the seller?
- Expert answerHow do I decide what to include in the sale?
- Expert answerHow do I hand over my bubble tea shop’s drink recipes without losing them?
- Expert answerHow do I hand over my donut dough and glaze recipes safely?
Buying
- Expert answerWhat equipment should I check when buying an ice cream shop?
- Expert answerHow do I find an ice cream shop for sale?
- Expert answerWhich running costs should I review before buying an ice cream shop?
- Expert answerHow does seasonality affect buying an ice cream shop?
- Expert answerWhat should I do in the first season after buying an ice cream shop?
- Expert answerDo the bakery’s recipes and starter come with the sale?
- Expert answerDo the recipes come with a restaurant when you buy it?
- Expert answerHow do I make sure I get the recipes when I buy a food brand?
Sources
This answer is checked against primary sources. Links were last confirmed on the dates shown.
- 01Business Development Bank of CanadaGovernmentHow to conduct due diligence when buying a business
- 02Canadian Intellectual Property OfficeGovernmentTrade secrets
- 03Business Development Bank of CanadaIndustryHow to sell your business
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