If Cream elects to conduct services virtually, what is the franchisee's obligation?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
Notwithstanding any provision in this Agreement to the contrary (including our obligations related to operations support, inspections, training, or otherwise), we will not be required to send any of our personnel and/or representatives to your Shop to provide any services in person if, in our sole determination, it is unsafe to do so. Such determination by us will not relieve you from your obligations under this Agreement and will not constitute a default of this Agreement by us. We may also, at any time and for any reason, elect to conduct any or all support, inspections, training, or other services virtually, and you agree to comply with our instructions for all virtual programs.
Source: Item 23 — RECEIPTS (FDD pages 61–192)
What This Means (2025 FDD)
According to Cream's 2025 Franchise Disclosure Document, Cream retains the right to conduct support, inspections, training, or other services virtually at any time and for any reason. If Cream chooses to deliver these services virtually, the franchisee is obligated to comply with Cream's instructions for all virtual programs.
This means that franchisees must be prepared to participate in virtual training sessions, comply with virtual inspection protocols, and utilize virtual support systems as directed by Cream. This could involve having the necessary technology and internet access to participate effectively. It also implies that franchisees must be responsive and proactive in engaging with Cream through these virtual channels.
This provision protects Cream's ability to provide ongoing support and maintain quality control, even when in-person visits are not feasible or preferred. For a franchisee, it highlights the importance of adaptability and a willingness to embrace technology in managing their Cream franchise. Franchisees should clarify with Cream what specific technologies or platforms they will be expected to use for virtual programs and what level of technical proficiency is required.