factual

What costs are associated with transferring a Cream franchise to a wholly-owned entity?

Cream Franchise · 2025 FDD

Answer from 2025 FDD Document

M 6 OTHER FEES**

Type of Fee Amount Due Date Remarks 1, 2
Interest on Late Payment Lesser of 1.5% per month or the highest commercial contract rate allowed by law As incurred All amounts which you owe us for any reason will bear interest accruing as of their due dates until payment is received in full.
Insufficient Funds Fee Lesser of $100 or the highest amount permitted by applicable law, per occurrence As incurred We will charge you the lesser of our then-current fee, or the highest amount permitted by applicable law, per occurrence, for checks returned to us due to insufficient funds or in the event there are insufficient funds in the business account you designate to cover our withdrawals.
Transfer Fee $25,000 As incurred, prior to approval of transfer You must pay this fee as one of the conditions of transferring your Shop and/or your Franchise Agreement and/or Area Development Agreement to another person we approve (other than to a wholly- owned and controlled entity, or if the transfer is from a deceased owner to a surviving spouse, though in such cases you must still reimburse us our processing costs, including legal fees).
Relocation Fee $7,500, plus reimbursement of our costs and fees As incurred If you request to relocate your Shop and we approve your request, you must pay a relocation fee.
Renewal Fee $20,000 As incurred, prior to renewal You must pay this fee as one of the conditions of obtaining a successor franchise upon the expiration of the Franchise Agreement.
Non-Approved Reimbursement of As incurred You must reimburse our costs and expenses if you
Product or our costs and ask us to evaluate any vendors or products that we
Vendor Testing expenses have not approved and we agree to do so.
Insurance 120% of the premiums paid As incurred If you fail or refuse to obtain and maintain the insurance we specify, we may obtain such insurance for you and your Shop on your behalf.
Franchise Meeting Fee To be determined (subject to change) As incurred We may designate that attendance at a franchise meeting is mandatory for you and/or your Shopkeeper. We will charge this fee even if you or your Shopkeeper do not attend. This fee will not exceed $1,500 per person.
Mystery Shoppers Reimbursement of our costs and expenses As incurred We may engage an independent shopping service to evaluate your Shop. We will determine the frequency, nature, and extent of the evaluation services. You must reimburse all fees and costs charged by the independent shopping service.
Type of Fee Amount Due Date 1, 2 Remarks
Interest on Late Payment Lesser of 1.5% per month or the highest commercial contract rate allowed by law As incurred All amounts which you owe us for any reason will bear interest accruing as of their due dates until payment is received in full.
Insufficient Funds Fee Lesser of $100 or the highest amount permitted by applicable law, per occurrence As incurred We will charge you the lesser of our then-current fee, or the highest amount permitted by applicable law, per occurrence, for checks returned to us due to insufficient funds or in the event there are insufficient funds in the business account you designate to cover our withdrawals.
Transfer Fee $25,000 As incurred, prior to approval of transfer You must pay this fee as one of the conditions of transferring your Shop and/or your Franchise Agreement and/or Area Development Agreement to another person we approve (other than to a wholly owned and controlled entity, or if the transfer is from a deceased owner to a surviving spouse, though in such cases you must still reimburse us our processing costs, including legal fees).
Relocation Fee $7,500, plus reimbursement of our costs and fees As incurred If you request to relocate your Shop and we approve your request, you must pay a relocation fee.
Renewal Fee $20,000 As incurred, prior to renewal You must pay this fee as one of the conditions of obtaining a successor franchise upon the expiration of the Franchise Agreement.
Non-Approved Product or Vendor Testing Reimbursement of our costs and expenses As incurred You must reimburse our costs and expenses if you ask us to evaluate any vendors or products that we have not approved and we agree to do so.
Insurance 120% of the premiums paid As incurred If you fail or refuse to obtain and maintain the insurance we specify, we may obtain such insurance for you and your Shop on your behalf.
Franchise Meeting Fee To be determined (subject to change) As incurred We may designate that attendance at a franchise meeting is mandatory for you and/or your Shopkeeper. We will charge this fee even if you or your Shopkeeper do not attend. This fee will not exceed $1,500 per person.
Mystery Shoppers Reimbursement of our costs and expenses As incurred We may engage an independent shopping service to evaluate your Shop. We will determine the frequency, nature, and extent of the evaluation services. You must reimburse all fees and costs charged by the independent shopping service.
Type of Fee Amount Due Date 1, 2 Remarks
------------------------------ ------------------------------------------------------------------------------------------------------------------ ------------- ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ --
Audit Fee Reimbursement of our costs and expenses As incurred If any audit of your Net Sales is necessary due to your failure to furnish reports on a timely basis, or if our examination reveals an understatement exceeding 2% of the amount that you actually reported to us, you must reimburse us for the costs of the audit, including fees of attorneys and accountants and the travel expenses, room and board, and compensation of our employees.
Interim Operations Fee Net Sales exceeding the expenses of your Shop, plus reimbursement of our costs and expenses As incurred Due if we operate your Shop on an interim basis: (i) if you abandon or fail actively to operate your Shop for a period of more than three consecutive days; (ii) at any time after the death or disability of you (or your Principal Owner, as defined in Item 15), if your Shop is at any time not being managed properly; or (iii) the Franchise Agreement expires or is terminated and we are transitioning your Shop to us or another person we designate.
Indemnification Reimbursement of our damages, costs and expenses As incurred You must reimburse us, our affiliates, and each of our and their respective affiliates, owners, directors, managers, officers, employees, agents, successors, and assignees, if any of us is held liable for claims related to the operation of your Shop, actions, errors, or omissions of you or your representatives, your breach of the Franchise Agreement or Area Development Agreement, or your employment practices. The costs we incur may include fees for accountants, arbitrators, attorneys, and expert witnesses; investigation costs; court costs; and travel and living expenses.
Costs and Attorneys' Fees Reimbursement of our costs and expenses As incurred If we are the prevailing party in any dispute proceeding between you and us, you must pay our damages, costs, and expenses, including arbitration and court costs and reasonable attorneys' fees.
Tax Reimbursement Reimbursement of our costs and expenses As incurred You are responsible for paying all taxes for your Shop, and you must reimburse us for any taxes that we must pay to any state taxing authority on account of your operation or payments that you make to us.

Source: Item 6 — OTHER FEES (FDD pages 13–17)

What This Means (2025 FDD)

According to Cream's 2025 Franchise Disclosure Document, a standard transfer of a franchise incurs a $25,000 transfer fee. However, this fee is waived when transferring the franchise to a wholly-owned and controlled entity or from a deceased owner to a surviving spouse. Despite the waiver of the $25,000 transfer fee in these specific cases, Cream requires reimbursement for processing costs, including legal fees.

This means that while Cream franchisees are not charged the standard transfer fee when transferring to a wholly-owned entity, they are still responsible for covering Cream's costs associated with processing the transfer. These costs can include expenses for legal counsel to review the transfer documents and ensure compliance with franchise agreement terms and applicable laws. The exact amount of these processing costs is not specified in the FDD and may vary depending on the complexity of the transfer and the legal fees incurred by Cream.

Prospective Cream franchisees should clarify with Cream what specific expenses are included in "processing costs" and how these costs are estimated or calculated. Understanding the potential range of these costs will help franchisees plan for the financial implications of transferring their franchise to a wholly-owned entity. It is also advisable to seek independent legal and financial advice before undertaking any transfer to fully understand the implications and ensure compliance with all requirements.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.