If Cream modifies the System Standards, is the franchisee obligated to implement the changes?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
You understand that the System will continue to evolve during the Term and the System Standards may change periodically. These modifications may obligate you to invest additional capital in your Shop and/or incur higher operating costs. You agree to implement any changes to your Shop in accordance with our System Standards within the time period we request, including by purchasing any additional or modified equipment, inventory, or other products or supplies, using alternative suppliers, making changes to signage and advertising materials, offering additional or modified products or services, changing marketing or business strategies, and/or updating the Computer System. You will be solely responsible for the costs of implementing all changes to your Shop.
You acknowledge and agree that complete and detailed uniformity might not be possible or practical under varying conditions, and that we specifically reserve the right to vary System Standards
for any franchise owner based on the peculiarities of any condition that we consider important to that franchise owner's successful operation or preserving the goodwill of the System and Marks. We may choose not to authorize similar variations or accommodations to you or other franchise owners.
Source: Item 23 — RECEIPTS (FDD pages 61–192)
What This Means (2025 FDD)
According to Cream's 2025 Franchise Disclosure Document, franchisees are obligated to implement changes to the System Standards. The System Standards may evolve during the term of the agreement, and Cream may periodically modify and supplement them. These modifications may require franchisees to invest additional capital in their shops or incur higher operating costs.
Franchisees must implement any changes to their shops in accordance with Cream's System Standards within the requested time period. This includes purchasing additional or modified equipment, inventory, or other products or supplies, using alternative suppliers, making changes to signage and advertising materials, offering additional or modified products or services, changing marketing or business strategies, and updating the Computer System. The franchisee is solely responsible for the costs of implementing all changes to their shop.
Cream also retains the right to vary System Standards for any franchise owner based on specific conditions that Cream considers important to the franchisee's successful operation or preserving the goodwill of the System and Marks. However, Cream is not obligated to authorize similar variations or accommodations to other franchise owners.