Can Cream inspect my shop without prior notice?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
We and our designated agents or representatives, may at all times and without prior notice to you: (1) inspect your Shop; (2) photograph your Shop and observe and videotape your Shop's operation for consecutive or intermittent periods we deem necessary; (3) continuously or periodically monitor your Shop using electronic surveillance or other means; (4) remove samples of any products and supplies; (5) speak with your Shop's personnel and customers; (6) inspect your Computer System, including hardware, software, security, configurations, connectivity, and data access; and (7) inspect and copy any books, records, and documents relating to your Shop's operation. Additionally, we may contract with third parties to conduct mystery shopper, customer survey, or other market research, auditing, testing, and quality assurance inspections at your Shop. You agree to cooperate with us fully during the course of these inspections and tests. You agree to reimburse us for the cost of any quality assurance inspection and mystery shoppers that we engage to inspect your Shop from time to time.
If we determine after any inspection of your Shop that one or more failures of System Standards exist, we may re-inspect your Shop one or more times thereafter to evaluate whether such failures have been cured and/or conduct any other follow-up review that we deem is necessary. You must reimburse all of our costs associated with any failed inspection and all re-inspections and follow-up visits, including supplier fees, travel expenses, room and board, and compensation of our representatives and designees. These remedies are in addition to our other remedies and rights under this Agreement and applicable law if you violate any System Standards.
Source: Item 23 — RECEIPTS (FDD pages 61–192)
What This Means (2025 FDD)
According to Cream's 2025 Franchise Disclosure Document, Cream has the right to inspect your shop at any time without prior notice. Cream, its agents, or representatives can inspect the shop, take photographs and videos, monitor it electronically, remove product samples, speak with personnel and customers, inspect the computer system, and review any relevant documents.
Cream may also hire third parties to conduct mystery shopper visits, customer surveys, audits, and quality assurance inspections. As a franchisee, you must cooperate fully with these inspections and tests. Furthermore, you are responsible for reimbursing Cream for the costs associated with quality assurance inspections and mystery shoppers.
If an inspection reveals failures of System Standards, Cream may conduct follow-up inspections to assess whether the issues have been resolved. You are required to cover all costs related to failed inspections, re-inspections, and follow-up visits, including supplier fees, travel expenses, and compensation for Cream's representatives. These rights are in addition to any other remedies Cream may have under the Franchise Agreement or applicable law.