What is the landlord required to grant the party who owns the property at the Cream franchise?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
On request, Landlord will grant the party who owns such property reasonable access to the Premises for the sole purpose of removing such property, provided such party repairs any damage caused by such removal and otherwise complies with Landlord's reasonable requirements with respect to such access.
Source: Item 23 — RECEIPTS (FDD pages 61–192)
What This Means (2025 FDD)
According to the 2025 FDD, the landlord of a Cream franchise location is required to grant the party who owns the trade fixtures, 'trade dress,' signage, and other property at the premises reasonable access to the premises for the sole purpose of removing such property. This access is granted upon request. However, the party removing the property must repair any damage caused by the removal and comply with the landlord's reasonable requirements regarding access.
This provision protects Cream's interest in its brand-specific assets located at the franchise. If Cream or another party (such as a financing company) owns the fixtures and signage, this clause ensures they can retrieve their property if the franchise agreement is terminated or expires. This is particularly important in the event of a dispute or closure, as it allows Cream to recover its assets and potentially re-use them at another location.
For a prospective Cream franchisee, this means that the lease agreement should include this clause to protect Cream's (or its lender's) investment in the store's physical assets. It also means understanding the landlord's 'reasonable requirements' for accessing the property to avoid any conflicts during property removal. The franchisee should ensure that any financing agreements related to fixtures and signage align with this provision in the lease agreement.