Can a Cream franchisee modify the Construction Plans without approval?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
|---| | acknowledge that you have been advised to conduct your own independent investigation before | | | selecting any site for our approval. | |
TABLE OF CONTENTS
| 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. |
Source: Item 23 — RECEIPTS (FDD pages 61–192)
What This Means (2025 FDD)
According to the 2025 Cream Franchise Disclosure Document, the franchisee is responsible for developing the Construction Plans and negotiating the Lease. Cream's review or approval of the Construction Plans or Lease is solely for their benefit, indicating only that the plans and lease meet their minimum requirements. The franchisee acknowledges they are not relying on Cream's review and approval for their own benefit and are advised to seek advice from professional advisors before signing any legal documents, including permitting or licensing applications.
This means that while Cream reviews the Construction Plans, the franchisee is ultimately responsible for their development and accuracy. Cream's approval only signifies that the plans meet their minimum standards, not that they are perfect or guarantee success. The franchisee bears the responsibility to ensure the Construction Plans comply with all local regulations and are suitable for their specific location.
It is crucial for prospective Cream franchisees to engage qualified professionals, such as architects and contractors, to develop the Construction Plans. While Cream's approval is necessary, it should not be considered a substitute for independent due diligence. Franchisees should carefully review the Construction Plans with their advisors to ensure they meet all requirements and are in their best interest before proceeding with construction.