Does the Cream franchisor bear primary responsibility for the success of my franchise?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
| I understand that buying a franchise is not a guarantee of success. Purchasing or establishing any business is risky, and the success or failure of the franchise is subject to many variables such as my skills and abilities (and those of my partners, officers, employees), the time my associates and I devote to the business, competition, interest rates, the economy, inflation, operation costs, location, lease terms, the market place generally and other economic and business factors. I am aware of and am willing to undertake these business risks. I understand that the success or failure of my business will depend primarily upon my efforts and not those of Franchisor. | INITIAL: |
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| I received a copy of the FDD at least 14 calendar days before I executed a Franchise | INITIAL: |
| Agreement or paid Franchisor or its affiliates any fees. I understand that all of my rights and | |
| responsibilities and those of Franchisor in connection with the franchise are set forth in these | |
| agreements and only in these agreements. I have had the opportunity to personally and | |
| carefully review these documents and have, in fact, done so. I have been advised to have | |
| professionals (such as lawyers and accountants) review the documents for me and to have | |
| them help me understand these documents. I have also been advised to consult with other | |
| franchisees regarding the risks associated with the purchase of the franchise. | |
| Neither the Franchisor nor any of its affiliates, officers, employees or agents (including any | INITIAL: |
| franchise broker) has made a statement, promise or assurance to me concerning any matter | |
| related to the franchise (including those regarding advertising, marketing, training, support | |
| service or assistance provided by Franchisor) that is contrary to, or different from, the | |
| information contained in the FDD. | |
| My decision to purchase the franchise has not been influenced by any oral representations, | INITIAL: |
| assurances, warranties, guarantees or promises whatsoever made by the Franchisor or any of | |
| its officers, employees or agents (including any franchise broker), including as to the | |
| likelihood of success of the franchise. | |
| I have made my own independent determination that I have the capital necessary to fund the | INITIAL: |
| franchised business and my living expenses, particularly during the start-up phase. |
Source: Item 23 — RECEIPTS (FDD pages 61–192)
What This Means (2025 FDD)
According to Cream's 2025 Franchise Disclosure Document, the success of a franchise location largely depends on the franchisee's own efforts. The document emphasizes that buying a franchise does not guarantee success and that various factors, many of which are within the franchisee's control, influence the outcome. These factors include the franchisee's skills, abilities, the time and effort they dedicate to the business, and the capabilities of their partners and employees.
External factors also play a significant role in the success of a Cream franchise. These include competition, interest rates, economic conditions, inflation, operating costs, location, lease terms, and general market conditions. The FDD makes it clear that the franchisee is responsible for understanding and managing these business risks.
Furthermore, the FDD includes an acknowledgment that the franchisee's success or failure depends primarily on their own efforts and not those of Cream. The document also states that no promises or assurances have been made by Cream or its representatives regarding the likelihood of success, and that the franchisee has made their own independent determination regarding their ability to fund the business. This underscores the importance of thorough due diligence and realistic expectations when investing in a Cream franchise.