Are the headings of sections and paragraphs in the Cream franchise agreement binding?

According to Cream's 2025 Franchise Disclosure Document, the headings of sections and paragraphs within the franchise agreement are for convenience only and do not define, limit, or construe the contents of those sections or paragraphs. This means that while the headings can provide a general idea of what a section covers, the actual legally binding terms are found in the text within each section.

For a prospective Cream franchisee, this is an important distinction. You cannot rely solely on the headings to understand your rights and obligations. Instead, you must carefully read and understand the complete text of each section and paragraph to fully grasp the agreement's implications.

This clause is fairly standard in franchise agreements. It protects Cream from franchisees arguing that a heading misled them about the content of a section. Franchisees should always consult with a legal professional to ensure they fully understand the implications of every clause in the agreement, rather than relying on section headings.