For a Cream franchise, what does the franchisor's review or approval of Construction Plans or the Lease indicate?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
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, the franchisor's review or approval of a franchisee's Construction Plans or Lease is solely for Cream's benefit. This indicates that Cream's approval only means the plans and lease meet their minimum requirements.
Cream emphasizes that franchisees have the sole responsibility to develop their Construction Plans and negotiate their Lease. Franchisees are explicitly advised not to rely on Cream's review and approval for their own benefit. It is the franchisee's responsibility to ensure the plans and lease are suitable for their business needs and comply with all applicable laws and regulations.
This disclaimer highlights the importance of franchisees seeking independent professional advice before signing any lease or legal documents. Cream wants to ensure franchisees understand they are responsible for their business decisions and are not relying on Cream's assessment for their own protection or success. This is a common practice in franchising, where the franchisor focuses on brand consistency and legal compliance, while the franchisee manages the specific details of their location and operations.