Under what condition can Cream designate themselves as the Cream franchisee's attorney in fact?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
If you fail to take any of the actions or refrain from taking any of the actions described above, we may take whatever action and sign whatever documents we deem appropriate on your behalf to cure the deficiencies, including, without liability to you or third parties for trespass or any other claim, to enter the Premises and remove any signs or other materials containing any Marks from your Shop. You must reimburse us for all costs and expenses we incur in correcting any such deficiencies. You hereby appoint us as your true and lawful attorney-in-fact to take such actions and execute such documents on your behalf as may be required t
Source: Item 23 — RECEIPTS (FDD pages 61–192)
What This Means (2025 FDD)
According to the 2025 FDD, Cream can appoint themselves as the franchisee's attorney-in-fact if the franchisee fails to take certain actions or refrains from taking certain actions related to curing deficiencies. This allows Cream to take actions and sign documents on behalf of the franchisee to correct these deficiencies.
Specifically, Cream can act as the franchisee's attorney-in-fact to enter the premises and remove any signs or other materials containing any of Cream's marks from the shop. This action can be taken without liability to the franchisee or third parties for trespass or any other claim.
In such instances, the franchisee is responsible for reimbursing Cream for all costs and expenses incurred while correcting any deficiencies. This appointment grants Cream the authority to act on the franchisee's behalf and execute necessary documents.