What happens if a Cream franchisee fails to obtain approval for a Shopkeeper?
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 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, which may include the completion of training, confirmation that such Shopkeeper will have no competitive business, and/or execution of a non-disclosure agreement. 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 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 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 a franchisee (or their Principal Owner) does not wish to manage the day-to-day operations of their shop, they must obtain Cream's approval for a Shopkeeper. Cream may establish conditions for approving a Shopkeeper, such as completing training, confirming the Shopkeeper has no competitive business interests, and/or signing a non-disclosure agreement.
During any period in which a Shopkeeper is not approved, the franchisee (or their Principal Owner) must personally supervise the shop's daily operations. This includes situations where a Shopkeeper resigns, indicates they wish to cease acting as Shopkeeper, or if Cream disapproves of the Shopkeeper for any reason. The Cream shop must always have direct, on-site supervision by someone approved by Cream who has completed the initial training program to Cream's satisfaction.
In practical terms, this means a Cream franchisee cannot simply leave their shop unmanaged. If they cannot or do not want to manage the shop themselves, they must find an acceptable Shopkeeper who meets Cream's requirements. Failure to have an approved manager on-site at all times would violate the Franchise Agreement. This ensures that Cream maintains consistent standards and quality across all franchise locations, as the brand requires that each Jeni's Ice Creams Scoop Shop has a separate Shopkeeper.