Has the Cream franchisor made any promises regarding support service 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 the 2025 FDD, Cream states that franchisees are not to rely on any promises or assurances from the franchisor or its agents that are not explicitly stated in the Franchise Disclosure Document. The FDD emphasizes that all rights and responsibilities of both the franchisee and Cream are detailed within the franchise agreement itself. Franchisees are advised to seek professional counsel from lawyers and accountants to review the documents and consult with existing franchisees to understand the risks involved.
Cream explicitly states that no statements, promises, or assurances concerning any matter related to the franchise, including advertising, marketing, training, support service, or assistance, should be considered valid if they contradict or differ from the information provided in the FDD. This includes any representations made by the franchisor, its affiliates, officers, employees, or agents, including franchise brokers.
This provision aims to protect both the franchisee and Cream by ensuring that all agreements and understandings are documented in the FDD and franchise agreement, reducing the potential for misunderstandings or disputes based on verbal or undocumented promises. It is a common practice in franchising to include such clauses to maintain transparency and legal clarity.