What authority must the Principal Owner of a Cream franchise have?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
You must identify one of your owners who is a natural person with at least 10% ownership interest and voting power in you and who will have authority and signatory power on your behalf (the "Principal Owner") to supervise the business you conduct under the Franchise Agreement. Your Principal Owner must be authorized to deal with us in all matters whatsoever which may arise with respect to the Franchise Agreement. You must obtain our written consent prior to changing the Principal Owner.
Source: Item 15 — OBLIGATION TO PARTICIPATE IN THE ACTUAL OPERATION OF THE FRANCHISE BUSINESS (FDD pages 42–43)
What This Means (2025 FDD)
According to Cream's 2025 Franchise Disclosure Document, if the franchisee is a business entity, they must designate a Principal Owner. This individual must be a natural person, meaning a human being, not another business entity. The Principal Owner must possess at least 10% ownership interest and voting power within the franchisee's business.
The Principal Owner is granted the authority to act and sign on behalf of the franchisee. This means they can handle all matters related to the Franchise Agreement with Cream. Cream specifies that the Principal Owner is authorized to deal with them in all matters whatsoever which may arise with respect to the Franchise Agreement.
Cream requires written consent before any changes are made to the Principal Owner. This ensures that Cream maintains a consistent point of contact with appropriate authority. Cream emphasizes that any decision made by the Principal Owner will be considered final and binding on the franchisee. Cream is entitled to rely solely upon the decision of the Principal Owner in any such dealings without the necessity of any discussions with any other person, and we will not be held liable for any actions taken by you or otherwise, based upon any decision or actions of the Principal Owner. The person acting as Principal Owner must have full power and authority to enter into the Franchise Agreement and any other documents to which the franchisee is a party, and to make binding decisions on the franchisee's behalf.