What is a condition of Cream's approval of the Lease?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
Our approval of your Lease may be conditioned, among other things, on the lessor's agreement to certain provisions we require from time to time to protect our interests. Our current requirements are reflected in our form of lease rider attached as Attachment E. It is your sole responsibility to obtain a fully executed lease rider we have approved, without
modification, executed by you and the landlord. You must deliver an executed copy of your Lease and lease addendum to us within 10 days after execution. You must obtain our approval of your Lease and sign the Lease to secure occupancy rights to the Premises within 120 days of the Effective Date.
You acknowledge and agree that you have the sole responsibility to develop your Construction Plans and negotiate and execute your Lease. Any review or approval by us of your Construction Plans or Lease is for our sole benefit and indicates only that such Construction Plans and Lease satisfy our minimum requirements. You agree that you are not relying on our review and approval of your Construction Plans or Lease for your benefit. You further acknowledge that you have been advised to obtain the advice of your own professional advisors before you sign a Lease or any other legal documents, including permitting or licensing applications.
Source: Item 23 — RECEIPTS (FDD pages 61–192)
What This Means (2025 FDD)
According to Cream's 2025 Franchise Disclosure Document, Cream's approval of a lease may be conditional on the lessor agreeing to certain provisions that Cream requires to protect its interests. These requirements are outlined in Cream's lease rider, which is included as Attachment E in the FDD.
It is the franchisee's responsibility to obtain a fully executed lease rider, without any modifications, that has been approved by Cream and signed by both the franchisee and the landlord. The franchisee must then provide Cream with an executed copy of the lease and lease addendum within 10 days of execution. The franchisee must secure occupancy rights to the premises by obtaining Cream's approval of the lease and signing the lease within 120 days of the effective date.
Cream emphasizes that the franchisee is solely responsible for developing construction plans and negotiating and executing the lease. Any review or approval by Cream of the construction plans or lease is solely for Cream's benefit and indicates only that the plans and lease meet Cream's minimum requirements. Cream advises franchisees to seek advice from their own professional advisors before signing a lease or any other legal documents.