How much prior written notice does Cream need to provide before revoking a waiver?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
dify the invalid or unenforceable provision or System Standard to the extent required to be valid and enforceable or delete the unlawful provision in its entirety. You agree to be bound by any promise or covenant imposing the maximum duty the law permits which is subsumed within any provision of this Agreement, as though it were separately articulated in and made a part of this Agreement.
B. WAIVER OF OBLIGATIONS.
We and you may, by written instrument, unilaterally waive or reduce any obligation
Source: Item 23 — RECEIPTS (FDD pages 61–192)
What This Means (2025 FDD)
According to Cream's 2025 Franchise Disclosure Document, Cream may revoke a waiver of obligations but must provide the franchisee with 10 days' prior written notice. This means that if Cream has previously waived or reduced any obligation or restriction for the franchisee, Cream retains the right to reinstate that obligation.
The waiver revocation can occur at any time and for any reason, provided that Cream gives the franchisee the required notice. This allows Cream to adjust its requirements and standards as needed, but it also gives the franchisee a short window to prepare for the change.
This condition is important for prospective franchisees to consider, as it introduces an element of uncertainty. While a waiver might provide temporary relief, it is not a permanent alteration of the franchise agreement. Franchisees should factor in the possibility that any waived obligations could be reinstated with just 10 days' notice, potentially impacting their business operations and financial planning.