Has the Cream franchisor made any promises regarding marketing that are not in the FDD?
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: |
|---|---|
| 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. |
Source: Item 23 — RECEIPTS (FDD pages 61–192)
What This Means (2025 FDD)
According to Cream's 2025 Franchise Disclosure Document, franchisees are not to rely on any promises or assurances from the franchisor or its agents regarding marketing that are not explicitly stated in the FDD. The document emphasizes that all rights and responsibilities related to the franchise, including those concerning advertising and marketing, are detailed within the franchise agreement itself.
Cream requires franchisees to acknowledge that their decision to invest in the franchise is not based on any oral representations or promises made by the franchisor. This includes assurances about the potential success of the franchise. Prospective franchisees are advised to seek professional counsel from lawyers and accountants to review the FDD and related agreements before making a final decision.
This provision aims to protect both the franchisee and the franchisor by ensuring that all expectations and obligations are clearly documented. It reduces the risk of misunderstandings or disputes arising from verbal agreements or representations that are not formally recorded in the franchise agreement. Franchisees should therefore ensure that all marketing-related promises or commitments are included in the written agreements to avoid potential discrepancies.