Regarding non-interference with Cream's relationships, are former spouses of the franchisee's owners included in the list of parties who must not solicit or interfere with Cream's relationships?

According to Cream's 2025 Franchise Disclosure Document, the non-interference clause extends to former spouses of the franchisee's owners. During and after the franchise term, franchisees and their owners must ensure that their current and former spouses, immediate family members, owners, officers, directors, employees, representatives, affiliates, successors, and assigns do not solicit, interfere, or attempt to interfere with Cream's relationships. These relationships include those with customers, franchisees, licensees, lenders, suppliers, or consultants.

This provision means that a franchisee must actively manage and control the behavior of a broad range of related parties to prevent any disruption to Cream's business relationships. This obligation continues even after the franchise agreement ends. The franchisee is responsible for making their family members and business associates aware of these restrictions and taking steps to ensure compliance.

The inclusion of former spouses highlights the importance Cream places on protecting its business relationships. It also places a potentially significant burden on the franchisee to monitor and manage the actions of individuals over whom they may have limited or no direct control, especially after a divorce. This requirement is stricter than some franchise agreements, which may only cover current spouses or immediate family members.

Prospective franchisees should carefully consider the implications of this extended non-interference obligation. They should discuss with Cream how this provision is enforced and what specific steps they need to take to ensure compliance by all relevant parties, including former spouses, to avoid potential breaches of the franchise agreement.