Who is responsible for hiring and promotion decisions at a Cream franchise?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
You are solely responsible for the management, direction, and control of your Shop and all day-to-day operations of your Shop. You must supervise the management and day-to-day operation of your Shop and continuously exert best efforts to promote and enhance your Shop. If you (or if you are conducting business as an Entity, your Principal Owner) does not wish to manage the operation of your Shop on a day-to-day basis, you must obtain our approval of any person that you wish to engage to supervise the management of your Shop (each a "Shopkeeper"). We may establish conditions for approving any such Shopkeeper in our discretion, which may include the completion of training, confirmation that such Shopkeeper will have no competitive business, and/or execution of a nondisclosure agreement we require. During any period in which no Shopkeeper is approved (including because the Shopkeeper resigns or otherwise indicates to us or you that he or she wishes to cease acting as your Shopkeeper, or we disapprove of your Shopkeeper for any reason), you (or if you are conducting business as an Entity, your Principal Owner) must supervise the day-to-day operations of your Shop. Your Shop must always be under the direct on-site supervision of one or more persons who
we have approved and who have completed the Initial Training Program to our satisfaction. Each Jeni's Ice Creams Scoop Shop must have a separate Shopkeeper.
Source: Item 23 — RECEIPTS (FDD pages 61–192)
What This Means (2025 FDD)
According to the 2025 FDD, the Cream franchisee is solely responsible for the management, direction, and control of their Shop, including day-to-day operations. This means the franchisee has the authority to make all hiring and promotion decisions.
However, if the franchisee (or the Principal Owner, if the franchisee is an entity) does not wish to manage the shop's operations on a day-to-day basis, they must obtain Cream's approval for any person they wish to engage as a "Shopkeeper" to supervise the management of their Shop. Cream may establish conditions for approving a Shopkeeper, such as requiring the completion of training, confirmation that the Shopkeeper has no competitive business, and/or execution of a nondisclosure agreement.
During any period in which there is no approved Shopkeeper, the franchisee (or the Principal Owner, if the franchisee is an entity) must supervise the day-to-day operations of the Shop. Cream stipulates that the Shop must always be under the direct on-site supervision of one or more persons who Cream has approved and who have completed the Initial Training Program to Cream's satisfaction. Each Jeni's Ice Creams Scoop Shop must have a separate Shopkeeper.