factual

If a Cream franchisee wishes to use an affiliated Entity to enter into a Franchise Agreement, what must they do?

Cream Franchise · 2025 FDD

Answer from 2025 FDD Document

If you wish to enter into a Franchise Agreement using any affiliated Entity, you must obtain our approval of such Entity and its owners and officers, under our then-current franchise approval process.

Source: Item 23 — RECEIPTS (FDD pages 61–192)

What This Means (2025 FDD)

According to the 2025 FDD, if a Cream franchisee wishes to enter into a Franchise Agreement using an affiliated entity, they must first obtain Cream's approval of the entity, its owners, and its officers. This approval process will follow Cream's then-current franchise approval process.

This requirement ensures that Cream maintains control over who operates its franchises, even if the franchisee is not an individual but a business entity. By requiring approval of the entity, its owners, and officers, Cream can assess their qualifications and ensure they meet the brand's standards. This is a common practice in franchising, as franchisors want to ensure that all franchisees are capable of upholding the brand's reputation and operational standards.

For a prospective Cream franchisee, this means that if they plan to operate the franchise through a corporation, LLC, or other business entity, they need to be prepared to submit information about the entity and its key personnel for Cream's review and approval. This process may involve background checks, financial reviews, and assessments of the entity's management team. Failing to obtain approval could prevent the franchisee from moving forward with the franchise agreement.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.