In the Cream franchise agreement, what entities are included in the definition of 'we,' 'us,' and 'our'?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
References in this Agreement to: (1) "we," "us," and "our," with respect to all of our rights and all of your obligations to us under this Agreement, include any of our affiliates with whom you deal; (2) "affiliate" of any person means any other person that is directly or indirectly owned or controlled by, under common control with, or owning or controlling such person; (3) "control" of any person means the ownership interest of greater than 50% of the outstanding ownership interests of any entity, and/or the power to direct or cause the direction of management and policies;
Source: Item 23 — RECEIPTS (FDD pages 61–192)
What This Means (2025 FDD)
According to Cream's 2025 Franchise Disclosure Document, the terms "we," "us," and "our" include Cream and any of its affiliates with whom the franchisee deals, concerning all of Cream's rights and the franchisee's obligations to Cream under the franchise agreement. An "affiliate" is defined as any person or entity directly or indirectly owned or controlled by, under common control with, or owning or controlling Cream.
This definition is important for prospective Cream franchisees because it broadens the scope of the agreement beyond just the named franchisor entity. It means that any affiliated company of Cream can enforce the franchise agreement and that the franchisee must comply with obligations to these affiliates as well.
The definition of "control" further clarifies that it means ownership of greater than 50% of the outstanding ownership interests of any entity, and/or the power to direct or cause the direction of management and policies. This clarifies the level of influence required for one entity to be considered an affiliate of Cream. Franchisees should be aware of this extended definition as it could impact their dealings and obligations under the franchise agreement.