What materials must display notices of independent ownership for a Cream franchise?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
This Agreement does not create a fiduciary relationship between you and us, that you and we are and will be independent contractors, and that nothing in this Agreement is intended to make either you or us a general or special agent, joint venturer, partner, or employee of the other for any purpose. You agree to identify yourself conspicuously in all dealings with customers, vendors, public officials, your personnel, and others as the sole holder of the Development Rights and to place notices of independent ownership on the forms, business cards, stationery, advertising, and other materials we require from time to time. You also acknowledge that you will have a contractual relationship only with us and may look only to us to perform under this Agreement, and not our affiliates, designees, officers, directors, employees, or other representatives or agents.
Source: Item 23 — RECEIPTS (FDD pages 61–192)
What This Means (2025 FDD)
According to Cream's 2025 Franchise Disclosure Document, franchisees must identify themselves as the sole owner and operator of their shop. This means that in all dealings with customers, suppliers, public officials, personnel, and others, the franchisee must conspicuously present themselves as the independent owner.
Cream requires franchisees to place notices of independent ownership on specific materials. These include forms, business cards, stationery, advertising, and other materials that Cream may require from time to time. This requirement reinforces the independent contractor status of the franchisee and helps to avoid any misrepresentation that the franchisee is an agent or employee of Cream.
This requirement is a fairly standard practice in franchising. It is intended to clarify the relationship between the franchisor and franchisee, ensuring that third parties understand that the franchisee is an independent business owner and is responsible for their own actions and obligations. Franchisees should be aware of this requirement and ensure that all necessary materials include the appropriate notices to maintain transparency and avoid potential legal issues.