Does Cream require franchisees to sign the Franchise Agreement in reliance on any particular manager, owner, director, officer, or employee remaining with Cream?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
We maintain a staff to manage and operate the franchise system and you understand that staff members can change as employees come and go. You represent that you have not signed this Agreement in reliance on any particular manager, owner, director, officer, or employee remaining with us in any capacity. We may change our ownership or form or assign this Agreement and any other agreement to a third party without restriction.
Source: Item 23 — RECEIPTS (FDD pages 61–192)
What This Means (2025 FDD)
According to Cream's 2025 Franchise Disclosure Document, a franchisee is not required to sign the Franchise Agreement in reliance on any particular manager, owner, director, officer, or employee remaining with Cream. Cream maintains a staff to manage and operate the franchise system, and the document acknowledges that staff members may change as employees come and go.
This means that the franchisee's decision to enter into the agreement should not be based on the expectation that any specific individual will remain employed by Cream. The franchise agreement can be changed or assigned to a third party without restriction.
This clause protects Cream by ensuring that franchisees cannot claim the agreement is invalid if a particular employee leaves the company. It also provides Cream with flexibility in managing its staff and transferring ownership without needing franchisee consent based on personnel. Prospective franchisees should be aware that the individuals they interact with during the franchise sales process may not be the same individuals they work with after signing the agreement.