Within how many days from the date of death or disability must a personal representative appoint a Shopkeeper for the Cream Shop?
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 the 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 operations within a specific timeframe. This Shopkeeper must be approved by Cream and have completed the then-current Initial Training Program.
The timeframe allowed for appointing a Shopkeeper is within a reasonable time, but explicitly states that it cannot exceed 15 days from the date of death or disability. This requirement is triggered only if the Cream shop is not already being managed by a Shopkeeper at the time of the death or disability.
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 ensures continuity of operations and adherence to Cream's standards, while also placing a responsibility on the franchisee's estate to act quickly in ensuring proper management.