How many days does a Cream developer have to reply to inquiries from Cream before it's considered abandonment of Development Rights?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
We may terminate this Agreement, effective upon delivery of written notice to you, if:
- (2) you abandon your Development Rights, which may include that you (i) notify us that you will no longer be exercising the Development Rights granted to you under this Agreement, or fail to reply to inquiries from us for more than fifteen (15) consecutive days; or (ii) fail to make progress towards your Development Schedule such that we determine, in our discretion, that satisfaction of your Development Schedule is impossible or impracticable;
Source: Item 23 — RECEIPTS (FDD pages 61–192)
What This Means (2025 FDD)
According to Cream's 2025 Franchise Disclosure Document, a developer's failure to reply to inquiries from Cream for more than fifteen consecutive days may be considered abandonment of their Development Rights. This provision is part of the agreement that Cream can terminate, effective upon written notice to the developer.
This means that if Cream sends inquiries to a developer, the developer must respond within 15 days to avoid potentially losing their development rights. This requirement ensures that developers remain actively engaged in fulfilling their development schedule and responsibilities as outlined in their agreement with Cream.
For a prospective Cream developer, this highlights the importance of maintaining open communication with Cream and promptly addressing any inquiries they may have. Failing to do so could lead to the termination of the development agreement and the loss of the opportunity to develop Cream locations within the designated area.