Who must Cream franchisees engage to develop detailed design and construction plans?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
Promptly after the site of your Premises is approved by us, and before you execute any lease, sublease, or other document to secure occupancy rights (the "Lease") for the Premises, you must engage our approved or designated architect to develop detailed design and construction plans for your Shop that comply with any design specifications or prototypical plans provided by us and all applicable ordinances, building codes, permit requirements, and lease requirements and restrictions, including those arising under the Americans with Disabilities Act or similar rules governing public accommodations for persons with disabilities, other applicable ordinances, building codes, permit requirements, and lease requirements and restrictions (your "Construction Plans"). We may require that you use suppliers we approve or designate to develop or review your Construction Plan.
You must obtain our approval of your Construction Plans before you sign the Lease. We must also approve your Lease before you sign it. Our approval of your Lease may be conditioned, among other things, on the lessor's agreement to certain provisions we require from time to time to protect our interests. Our current requirements are reflected in our form of lease rider attached as Attachment E. It is your sole responsibility to obtain a fully executed lease rider we have approved, without
modification, executed by you and the landlord. You must deliver an executed copy of your Lease and lease addendum to us within 10 days after execution. You must obtain our approval of your Lease and sign the Lease to secure occupancy rights to the Premises within 120 days of the Effective Date.
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, after Cream approves the site for the premises but before the franchisee executes any lease, the franchisee must engage Cream's approved or designated architect to develop detailed design and construction plans for their shop. These construction plans must comply with Cream’s design specifications or prototypical plans, as well as all applicable ordinances, building codes, permit requirements, and lease requirements, including those arising under the Americans with Disabilities Act. Cream may also require franchisees to use suppliers they approve or designate to develop or review the Construction Plan.
Cream requires that franchisees obtain approval of the Construction Plans before signing the lease. Cream must also approve the lease before the franchisee signs it, and this approval may be conditional based on the lessor's agreement to certain provisions that Cream requires to protect its interests. The franchisee is solely responsible for obtaining a fully executed lease rider approved by Cream, without modification, and executed by both the franchisee and the landlord.
It is important for prospective Cream franchisees to understand that they are solely responsible for developing their Construction Plans and negotiating and executing their Lease. Any review or approval by Cream of the Construction Plans or Lease is for Cream's sole benefit and indicates only that such Construction Plans and Lease satisfy Cream's minimum requirements. Franchisees are advised to obtain advice from their own professional advisors before signing a Lease or any other legal documents, including permitting or licensing applications.