Can a Cream franchisee search for a site outside of the designated Site Selection Area?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
t any location in the world, including in the Protected Territory.
2. SITE SELECTION AND DEVELOPMENT OF SHOP.
A. SITE SELECTION.
It is your responsibility to identify and select an appropriate site for your Shop. If you have not yet located a site for the Premises as of the Effective Date, then you must obtain our approval of a site for your Premises within 120 days of the Effective Date. Unless you have our prior written approval to search for a proposed site outside of the site selection area designated on Attachment B (the "Site Selection Area"), all site reports that you submit to us must be for a site within your Site Selection Area. You acknowledge and agree that you will receive no territorial protection of any kind in the Site Selection Area, or any other geographic area, other than your Protected Territory. You may not relocate your Shop to a location other than the Premises witho
Source: Item 23 — RECEIPTS (FDD pages 61–192)
What This Means (2025 FDD)
According to Cream's 2025 Franchise Disclosure Document, franchisees must typically search for a site within their designated Site Selection Area. However, a franchisee can search for a proposed site outside of this area if they obtain prior written approval from Cream.
It is the franchisee's responsibility to identify and select an appropriate site for their Cream shop. Franchisees must obtain Cream's approval of a site for their premises within 120 days of the effective date of the franchise agreement if a site has not yet been located. The FDD specifies that franchisees will not receive any territorial protection within the Site Selection Area or any other geographic area, aside from their Protected Territory.
If a Cream franchisee wishes to relocate their shop to a location other than the initially approved premises, they must obtain Cream's prior approval. Relocating the shop requires the franchisee to pay a relocation fee of $7,500, in addition to reimbursing Cream for any out-of-pocket expenses incurred during the relocation process, including legal fees.