What information must Attachment C to the Cream Franchise Agreement contain?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
t efforts to promote and operate your Shop from and after the Opening Date on a continuous basis for the entirety of the Term.
C. IF YOU ARE AN ENTITY.
If you are a corporation, limited liability company, or partnership (each, an "Entity"), you represent that you have the authority to execute, deliver, and perform your obligations under this Agreement and all related agreements and are duly organized or formed. You agree to remain validly existing and in good standing under the laws of the state of your formation throughout the Term. You agree to maintain organizational documents, including your operating agreement or partnership agreement, as applicable, that reflect the restrictions on issuance and transfer of any ownership interests
in you described in this Agreement, and all certificates and other documents representing ownership interests in you will bear a legend referring to this Agreement's restrictions.
You agree and represent that Attachment A to this Agreement completely and accurately describes all of your owners and their interests in you as of the Effective Date. Each of your owners with a 10% or greater ownership interest in your Entity must execute a guarantee in the form we prescribe undertaking personally to be bound, jointly and severally, by all provisions of this Agreement and any ancillary agreements between you and us. Our current form of guarantee is attached herein as Attachment D. Subject to our rights and your obligations under Section 12, you and your owners agree to sign and deliver to us revised Attachment A to reflect any permitted changes in the information that Attachment A now contains.
You must identify on Attachment A one of your owners who is a natural person and who will have authority and signatory power on behalf of you (the "Principal Owner"). You must obtain our written consent prior to changing the Principal Owner and agree to deliver to us a revised Attachment A to accurately identify the Principal Owner should the identity of that person change during the Term as permitted hereunder. You agree that the Principal Owner is authorized, on your behalf, to deal with us in respect of all matters whatsoever which may arise in respect of this Agreement.
Source: Item 23 — RECEIPTS (FDD pages 61–192)
What This Means (2025 FDD)
Based on the 2025 Franchise Disclosure Document, the provided excerpts do not contain information about what Attachment C to the Cream Franchise Agreement must contain. The excerpts do mention Attachments A, B, and D, but do not provide details regarding the contents of Attachment C.
Attachment A to the Cream Franchise Agreement must completely and accurately describe all of the owners of an entity and their ownership interests as of the effective date of the agreement. Attachment B to the Cream Franchise Agreement sets forth the schedule that the franchisee is agreeing to satisfy as it relates to the development of Cream Scoop Shops, which may include one or more periods for the franchisee to develop and open a specified number of Scoop Shops. Attachment D is the current form of guarantee that each of the owners with a 10% or greater ownership interest in the Cream entity must execute.
To fully understand the requirements of Attachment C, a prospective Cream franchisee should ask the franchisor for a copy of the attachment and a detailed explanation of its contents. This will help the franchisee understand their obligations and responsibilities under the franchise agreement.