factual

What constitutes the agreement with the Lease when the Rider is executed in counterparts for a Cream franchise?

Cream Franchise · 2025 FDD

Answer from 2025 FDD Document

This Rider may be executed in counterparts, each of which will be deemed an original, but all of which together will constitute one and the same agreement with the Lease.

This Rider and all other documents related to this Rider may be executed by manual or electronic signature.

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

What This Means (2025 FDD)

According to the 2025 FDD, when the Rider to the Lease agreement for a Cream franchise is executed in counterparts, all of the executed counterparts together form a single agreement with the Lease. This means that each individual copy of the Rider is considered an original, and when combined, they create one complete and unified agreement. This allows for flexibility in the signing process, as different parties can sign different copies of the same document without needing to be in the same location.

This approach is common in franchise agreements to streamline the execution process, especially when dealing with multiple parties or geographically dispersed locations. The FDD also clarifies that the Rider and related documents can be executed using either manual or electronic signatures, further facilitating the signing process. This is particularly relevant in today's business environment, where electronic signatures are widely accepted and can significantly speed up document execution.

For a prospective Cream franchisee, this means that the franchise agreement is legally binding even if the different parties involved (franchisee, landlord, franchisor) sign separate copies of the Rider. It's important to ensure that all counterparts are properly executed and collected to form the complete agreement. The use of electronic signatures is permitted, which can simplify and accelerate the process of finalizing the lease agreement and Rider.

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.