What must a Cream franchisee obtain regarding construction services?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
Once you receive our approval of your Lease, you must promptly apply for permits and other local licenses necessary to complete the construction outlined in your Construction Plans. We may require that you use suppliers we approve or designate to manage your permit and licensing applications. After signing your Lease and obtaining necessary permits, you must promptly begin to develop and outfit your Shop in accordance with the Construction Plans we have approved, at your cost, including that you must promptly obtain all required zoning changes, planning consents, building, utility, sign and business and other permits, consents and licenses necessary to lawfully open and operate your Shop. You may not modify the Construction Plans in any manner without our approval of such modifications. You must ensure that your Shop is designed and constructed in all respects in accordance with the Construction Plans we have approved. You must also, at your cost, to do all things necessary to develop and prepare your Shop for opening in accordance with this Agreement and our System Standards (defined in Section 4.E) including that you must:
- (1) obtain and install the operating assets we designate from time to time as meeting our System Standards for quality, design, appearance, function, and performance, including: (i) the computer hardware, software, and point-of-sale system (collectively, the "Computer System"), and (ii) all other fixtures, furniture, equipment, furnishings, and signage and other assets we specify as meeting our System Standards;
- (2) obtain all initial inventory and supplies we designate, in quantities sufficient to operate the Shop in accordance with our System Standards;
- (3) obtain all customary contractors' sworn statements and partial and final waivers of lien for construction, remodeling, decorating, and installation services;
- (4) obtain all certificates of insurance to demonstrate to us your compliance with our insurance requirements; and
- (5) satisfy all of your pre-opening requirements under this Agreement, including payment of fees and satisfaction of all training obligations.
Source: Item 23 — RECEIPTS (FDD pages 61–192)
What This Means (2025 FDD)
According to Cream's 2025 Franchise Disclosure Document, after the franchisee's lease is approved, they must promptly apply for permits and local licenses to complete the construction outlined in their Construction Plans. Cream may require the franchisee to use approved or designated suppliers to manage permit and licensing applications.
After signing the lease and obtaining the necessary permits, the franchisee must promptly begin to develop and outfit their shop according to the approved Construction Plans, at their own cost. This includes obtaining all required zoning changes, planning consents, and building, utility, sign, and business permits and licenses necessary to lawfully open and operate the Cream shop. The franchisee cannot modify the Construction Plans without Cream's approval and must ensure the shop is designed and constructed according to the approved plans.
In preparing the shop for opening, the franchisee must obtain and install operating assets that meet Cream's System Standards, including computer hardware, software, point-of-sale systems, fixtures, furniture, equipment, furnishings, and signage. They must also obtain all initial inventory and supplies designated by Cream in sufficient quantities. Furthermore, the franchisee is required to obtain all customary contractors' sworn statements and partial and final waivers of lien for construction, remodeling, decorating, and installation services. Finally, they must obtain all certificates of insurance to demonstrate compliance with Cream's insurance requirements and satisfy all pre-opening requirements, including payment of fees and training obligations.