What qualifications must a Shopkeeper appointed by a personal representative after the death or disability of a Cream franchisee have?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
In the event of the death or disability of you (if you are conducting business as an individual) or your Principal Owner (if you are conducting business as an Entity), if your Shop is not otherwise being managed by a Shopkeeper, you or your Principal Owner's (as applicable) person's executor, administrator, conservator, guardian, or other personal representative must within a reasonable time, not to exceed 15 days from the date of death or disability, appoint a Shopkeeper who we approve and who has completed our then-current Initial Training Program to supervise the day-to-day operations of your Shop.
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 44–51)
What This Means (2025 FDD)
According to Cream's 2025 Franchise Disclosure Document, in the event of the death or disability of a franchisee or their Principal Owner, if the Shop is not already being managed by a Shopkeeper, the personal representative (executor, administrator, conservator, or guardian) must appoint a Shopkeeper within 15 days. This appointed Shopkeeper must be approved by Cream and must have completed Cream's then-current Initial Training Program.
This requirement ensures that even in unforeseen circumstances like death or disability, the Cream franchise continues to operate under qualified management that adheres to Cream's standards. The stipulation for completing the Initial Training Program is particularly important, as it ensures the appointed Shopkeeper is well-versed in Cream's operational procedures, service standards, and brand values.
For a prospective Cream franchisee, this clause provides a level of assurance that their business will be protected and properly managed even if they are unable to do so themselves. However, it also implies that finding a suitable and qualified Shopkeeper who meets Cream's approval and training requirements within the 15-day timeframe could be a challenge. Franchisees should consider this when making succession plans or in the event of an unexpected disability.