What are the requirements for a personal representative appointing a Shopkeeper for a Cream Shop after the franchisee's death or disability?
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. If your Shop is not being managed properly at any time from and after 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), in our sole judgment, we may, but need not, operate the Shop on an interim basis (or appoint a third party to operate the Shop on an interim basis) in accordance with Section 14.D.
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 (if operating as an individual) or the Principal Owner (if operating as an entity), the personal representative must appoint a Shopkeeper to supervise the shop's daily operations. This appointment must occur within 15 days from the date of death or disability, provided the shop is not already being managed by a Shopkeeper.
The appointed Shopkeeper must be approved by Cream and must have completed Cream's then-current Initial Training Program. This ensures that the individual overseeing the shop's operations during this transition period meets Cream's standards and is adequately trained to maintain the quality and consistency of the business.
If the shop is not being managed properly following the death or disability, Cream has the option, but not the obligation, to operate the shop on an interim basis or appoint a third party to do so. This provision protects Cream's brand and operational standards, while also providing a safety net to ensure the shop continues to function appropriately during the transition. This interim operation is further detailed in Section 14.D of the franchise agreement.