What costs must be reimbursed to Cream even if the transfer is from a deceased owner to a surviving spouse?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
| 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. |
Source: Item 6 — OTHER FEES (FDD pages 13–17)
What This Means (2025 FDD)
According to Cream's 2025 Franchise Disclosure Document, while the standard $25,000 transfer fee is waived when a franchise is transferred from a deceased owner to a surviving spouse, the surviving spouse must still reimburse Cream for processing costs, including legal fees. This means that even in the event of such a transfer, the franchisee's family will incur some expenses related to the transfer process.
This requirement ensures that Cream is compensated for the administrative and legal work involved in processing the transfer, even in situations where the full transfer fee is waived. These processing costs can cover expenses such as reviewing the transfer documents, updating franchise agreements, and ensuring that the surviving spouse meets the necessary qualifications to operate the franchise. The exact amount of these processing costs and legal fees can vary depending on the complexity of the transfer and the legal work required.
For a prospective Cream franchisee, this means that while Cream offers a degree of flexibility and support during difficult times such as the death of a franchise owner, it is important to be aware of the potential costs associated with transferring the franchise. Franchisees should discuss with Cream what these processing costs and legal fees might entail to prepare for such a situation. Understanding these obligations can help franchisees and their families plan for the future and ensure a smooth transition in the event of unforeseen circumstances.