Who has sole responsibility and authority concerning employee hiring and promotion at a Cream franchise?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
You agree at all times to operate and maintain your Shop according to each and every System Standard, as we periodically modify and supplement them. Though we retain the right to establish and periodically modify System Standards, you retain the sole responsibility for the day-to-day management and operation of your Shop and the implementation and maintenance of System Standards at your Shop. System Standards may regulate any aspect of the operation and maintenance of your Shop, including any one or more of the following:
E. MANAGEMENT OF YOUR SHOP.
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 has sole responsibility for the day-to-day management and operation of their shop. This includes implementing and maintaining Cream's System Standards at their location. The System Standards may regulate any aspect of the shop's operation. However, the franchisee retains sole responsibility for the day-to-day management.
Furthermore, the franchisee is solely responsible for the management, direction, and control of their Cream shop, including all day-to-day operations. They must supervise the management and day-to-day operation of their shop and continuously exert best efforts to promote and enhance their shop.
In the event that the franchisee, or the Principal Owner if the franchisee is an entity, does not wish to manage the shop on a day-to-day basis, they must obtain Cream's approval for any person they wish to engage as a Shopkeeper. Cream may establish conditions for approving a Shopkeeper, such as 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) must supervise the day-to-day operations of the shop. The Cream 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 Cream shop must have a separate Shopkeeper.
Based on this information, the Cream franchisee has the authority to make all employment decisions at their franchise. However, if they choose to hire a Shopkeeper, that person must be approved by Cream.