Does the Cream franchise agreement specify a deadline for initiating arbitration?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
Any provisions of this Agreement below that pertain to judicial proceedings shall be subject to the agreement to arbitrate contained in this Section.
Source: Item 23 — RECEIPTS (FDD pages 61–192)
What This Means (2025 FDD)
Based on the 2025 FDD, the franchise agreement for Cream does not specify a deadline for initiating arbitration. The document outlines various aspects of the franchise agreement, including termination conditions, renewal options, and development rights. However, it does not include specific language regarding a time limit for starting arbitration proceedings.
Item 23 of the Cream FDD discusses receipts, waiver of obligations, costs and attorney's fees, and governing law, but it does not mention any specific time frame within which a franchisee must initiate arbitration. The franchise agreement does address the possibility of arbitration, noting that provisions pertaining to judicial proceedings are subject to the agreement to arbitrate.
A prospective Cream franchisee should seek clarification from the franchisor regarding the absence of a specified deadline for initiating arbitration. Understanding whether there are any implicit or legal limitations on when arbitration can be pursued is crucial for protecting their rights and managing potential disputes effectively.