What are the limitations on Cream's obligation to provide ongoing training and guidance?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
ing fee, plus reimburse the out-of-pocket costs and expenses we incur in sending our trainer(s) to your Shop, including travel, food, accommodations, and living expenses.
D. ONGOING TRAINING AND GUIDANCE.
During the Term, subject to limitations on scheduling, availability, and similar resources, we will provide you with other general advice from time to time regarding the operation of your Shop, including: (1) System Standards and other suggested standards, specifications, and operating procedures and methods; (2) required, recommended, and/or approved suppliers, products, and
services; and (3) advertising and marketing materials and programs. We may provide guidance on the telephone, virtually, or at our offices. If you request, and we agree to provide, additional or special guidance, assistance, or training, we may charge you our then-current additional training fee, and you must reimburse all of our and our representatives' costs for providing such guidance, assistance, or training, including travel, food, accommodations, and living expenses. Additionally, if we at any time and from time to time determine that you are not operating your Shop in compliance with our System Standards, we may require additional training for your Mandatory Trainees, and we may charge you our then-current additional training fee for such training. Any specific ongoing training or advice we provide does not create an obligation (whether by course of dealing or otherwise) to continue to provide such specific training or advice, all of which we may discontinue and modify from time to time. As of the Effective Date, our additional training fee is $500 per trainer per day. We may modify the amount of our per day additional training fee by up to 10% per year on a compounding basis.
We may periodically during the Term require that your Mandatory Trainees attend and satisfactorily complete various ongoing training courses and/or certification programs at the times and locations that we designate, including courses and programs provided by us, our affiliates, our representatives, or other third-parties we designate. We may also require you (or if you are an Entity, your Principal Owner) and your Shopkeeper attend an annual meeting of franchise owners at the location we designate. If we host such a conference (
Source: Item 23 — RECEIPTS (FDD pages 61–192)
What This Means (2025 FDD)
According to Cream's 2025 Franchise Disclosure Document, Cream is subject to limitations regarding scheduling, availability, and similar resources when providing ongoing training and guidance to franchisees. Cream will provide general advice regarding the operation of the shop, including system standards, suggested standards, specifications, operating procedures, and methods, as well as information on required, recommended, and/or approved suppliers, products, and services, and advertising and marketing materials and programs. Cream may provide guidance via telephone, virtually, or at their offices.
If a Cream franchisee requests additional or special guidance, assistance, or training, and Cream agrees to provide it, Cream may charge its then-current additional training fee. The franchisee must also reimburse all of Cream's and its representatives' costs for providing such guidance, assistance, or training, including travel, food, accommodations, and living expenses. If Cream determines that a franchisee is not operating their shop in compliance with Cream's System Standards, Cream may require additional training for the franchisee's Mandatory Trainees and may charge its then-current additional training fee for such training. As of the Effective Date, Cream's additional training fee is $500 per trainer per day, and Cream may modify the amount of its per day additional training fee by up to 10% per year on a compounding basis.
Furthermore, any specific ongoing training or advice Cream provides does not create an obligation to continue to provide such specific training or advice, all of which Cream may discontinue and modify from time to time. Cream may periodically require that a franchisee's Mandatory Trainees attend and satisfactorily complete various ongoing training courses and/or certification programs at the times and locations that Cream designates, including courses and programs provided by Cream, its affiliates, its representatives, or other third-parties Cream designates. Cream may also require the franchisee (or, if the franchisee is an Entity, its Principal Owner) and their Shopkeeper attend an annual meeting of franchise owners at the location Cream designates. If Cream hosts such a conference (which it is not obligated to do), the franchisee must pay Cream's then-current conference fee (up to $1,500 per person) for the franchisee (or, if the franchisee is an Entity, its Principal Owner) and their Shopkeeper, regardless of whether such persons attend the conference.
Cream also retains the right to not send personnel to a shop if it is deemed unsafe, without it being considered a breach of the agreement. Cream can also elect to conduct support, inspections, and training virtually. Cream also has the right to delegate the performance of any portion or all of its obligations under the agreement to third-party designees, whether these designees are its agents or independent contractors with whom it has contracted to perform these obligations.