What happens if a Cream developer fails to comply with any other provision of the Cream Development Agreement?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
- (9) you or any of your owners fail to comply with any other provision of this Agreement, and do not correct the failure within 30 days' notice to you;
Source: Item 23 — RECEIPTS (FDD pages 61–192)
What This Means (2025 FDD)
According to Cream's 2025 Franchise Disclosure Document, if a developer fails to comply with any other provision of the Development Agreement, they have 30 days after receiving notice to correct the failure. If the developer does not correct the failure within this timeframe, Cream has grounds to terminate the agreement.
This provision is significant for prospective Cream developers as it outlines a specific process for addressing breaches of the Development Agreement. The 30-day cure period provides an opportunity for developers to rectify any non-compliance issues before Cream can terminate the agreement. This could cover a range of operational or administrative requirements specified in the Development Agreement.
It is important for potential Cream developers to understand all the provisions of the Development Agreement and ensure they can comply with them. Failure to do so, and failure to correct any non-compliance within the given timeframe, could lead to the termination of the agreement and loss of development rights. This highlights the importance of careful review and understanding of the Development Agreement before entering into it.