What form is attached as Attachment E regarding Cream's lease requirements?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
You must obtain our approval of your Construction Plans before you sign the Lease. We must also approve your Lease before you sign it. 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.
Source: Item 23 — RECEIPTS (FDD pages 61–192)
What This Means (2025 FDD)
According to Cream's 2025 Franchise Disclosure Document, Attachment E contains the form of lease rider that outlines Cream's current requirements for the lease agreement. Before a franchisee signs any lease, Cream must approve the construction plans for the shop. Cream must also approve the lease before it is signed. Cream's approval of the lease may depend on the lessor agreeing to certain provisions that Cream requires to protect its interests.
It is the franchisee's responsibility to obtain a fully executed lease rider, without any modifications, that has been approved by Cream and executed by both the franchisee and the landlord. The franchisee must then provide Cream with a copy of the executed lease and lease addendum within 10 days of execution. The franchisee has 120 days from the Effective Date to secure occupancy rights to the premises by obtaining Cream's approval of the lease and signing it.
Cream's review and approval of the construction plans or lease is solely for their benefit, indicating that the plans and lease meet their minimum requirements. The franchisee is advised to seek advice from their own professional advisors before signing any legal documents, including the lease and any permitting or licensing applications. This is a fairly standard practice in franchising, as the franchisor wants to ensure the location meets their brand standards and protects their interests, while the franchisee needs to protect their own legal and financial interests.