Who is responsible for the management, direction, and control of a Cream shop?
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 Cream's 2025 Franchise Disclosure Document, the franchisee is primarily responsible for the management, direction, and control of their Cream shop, including all day-to-day operations. The franchisee must actively supervise the shop's management and daily operations, making their best effort to promote and improve the business.
However, if the franchisee (or the Principal Owner, if the franchisee is a business entity) does not want to manage the shop's operations themselves, they can hire someone else, called a "Shopkeeper", to supervise the management of the shop. This Shopkeeper is subject to Cream's approval, which may require the Shopkeeper to complete training, confirm they have no conflicting business interests, and sign a non-disclosure agreement.
During any period when there is no approved Shopkeeper, the franchisee (or the Principal Owner) must personally supervise the daily operations. Cream requires that the shop always has direct, on-site supervision by one or more people who have been approved by Cream and have completed the initial training program to Cream's satisfaction. Each Cream shop must have a separate Shopkeeper.