What is the definition of a 'Shopkeeper' for a Cream franchise?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
You are solely responsible for the management, direction, and control of your Shop and all day-to-day operations of your Shop. You must supervise the management and day-to-day operation of your Shop and continuously exert best efforts to promote and enhance your Shop. If you (or if you are conducting business as an Entity, your Principal Owner) does not wish to manage the operation of your Shop on a day-to-day basis, you must obtain our approval of any person that you wish to engage to supervise the management of your Shop (each a "Shopkeeper"). We may establish conditions for approving any such Shopkeeper in our discretion, which may include the completion of training, confirmation that such Shopkeeper will have no competitive business, and/or execution of a nondisclosure agreement we require. During any period in which no Shopkeeper is approved (including because the Shopkeeper resigns or otherwise indicates to us or you that he or she wishes to cease acting as your Shopkeeper, or we disapprove of your Shopkeeper for any reason), you (or if you are conducting business as an Entity, your Principal Owner) must supervise the day-to-day operations of your Shop. Your Shop must always be under the direct on-site supervision of one or more persons who
we have approved and who have completed the Initial Training Program to our satisfaction. Each Jeni's Ice Creams Scoop Shop must have a separate Shopkeeper.
Source: Item 23 — RECEIPTS (FDD pages 61–192)
What This Means (2025 FDD)
According to Cream's 2025 Franchise Disclosure Document, a 'Shopkeeper' is a person approved by Cream to supervise the management of a Cream shop if the franchisee (or the Principal Owner, if the franchisee is an entity) does not wish to manage the shop's day-to-day operations themselves. Cream has the discretion to establish conditions for approving a Shopkeeper, which may include completing training, confirming the Shopkeeper has no competitive business interests, and/or signing a nondisclosure agreement.
During any period when there is no approved Shopkeeper, the franchisee (or the Principal Owner) must supervise the shop's daily operations. This could occur if the Shopkeeper resigns, indicates they wish to cease acting as Shopkeeper, or if Cream disapproves of the Shopkeeper for any reason. Cream emphasizes that each Cream shop must always be under the direct, on-site supervision of one or more persons who have been approved by Cream and have completed the initial training program to Cream's satisfaction.
This requirement ensures that Cream maintains a certain level of control over the operations and management of each franchise location, even when the franchisee is not directly involved in day-to-day management. It also protects Cream's brand standards and confidential information through training and potential non-disclosure agreements. Prospective franchisees should be prepared to either manage the shop themselves or find an appropriate Shopkeeper who meets Cream's approval and training requirements.