factual

What is Cream authorized to do with any legend or endorsement on a check?

Cream Franchise · 2025 FDD

Answer from 2025 FDD Document

No special or restrictive legend or endorsement on any check or similar item given to us will be a waiver, compromise, settlement, or accord and satisfaction. We are authorized to remove any legend or endorsement, which then will have no effect.

Source: Item 23 — RECEIPTS (FDD pages 61–192)

What This Means (2025 FDD)

According to Cream's 2025 Franchise Disclosure Document, Cream has the authority to remove any special or restrictive legend or endorsement on any check or similar item given to them by the franchisee. After removal, the legend or endorsement will have no effect.

This clause protects Cream from unintended legal consequences that might arise from accepting checks with restrictive endorsements. For example, a franchisee might attempt to settle a disputed amount by writing "payment in full" on a check for a lesser sum. By removing the endorsement, Cream preserves its right to pursue the full amount owed under the franchise agreement.

This is a fairly standard provision in franchise agreements. It ensures that the franchisor's acceptance of a payment does not automatically constitute a waiver of any rights or an agreement to settle for a lesser amount than what is owed. Franchisees should be aware of this provision and avoid attempting to use restrictive endorsements to resolve payment disputes with Cream.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.