How are the headings of sections and paragraphs in the Cream franchise agreement to be interpreted?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
The headings of the sections and paragraphs are for convenience only and do not define, limit, or construe the contents of these sections or paragraphs.
Source: Item 23 — RECEIPTS (FDD pages 61–192)
What This Means (2025 FDD)
According to Cream's 2025 Franchise Disclosure Document, the headings of sections and paragraphs within the franchise agreement are for convenience only. They do not define, limit, or construe the contents of those sections or paragraphs. This means that when interpreting the agreement, franchisees should not rely solely on the headings to understand their rights and obligations.
This provision is fairly standard in franchise agreements. It ensures that the actual text of each section governs, rather than a potentially oversimplified or misleading heading. Franchisees must carefully read and understand the entire agreement, not just the headings, to grasp the full scope of their contractual obligations and the franchisor's rights.
As a prospective Cream franchisee, it is crucial to thoroughly review the entire franchise agreement with legal counsel. Do not make assumptions based on headings alone. Focus on the specific language within each section to fully understand the terms and conditions of the franchise.