Does the non-interference clause for Cream extend beyond the term of the franchise agreement?

According to Cream's 2025 Franchise Disclosure Document, the non-interference clause extends beyond the term of the franchise agreement. Specifically, the FDD states that during and after the term, the franchisee and their owners must not solicit, interfere, or attempt to interfere with Cream's or its affiliates' relationships with customers, franchisees, lenders, suppliers, or consultants. This obligation extends to the franchisee's current and former spouses, immediate family members, owners, officers, directors, employees, representatives, affiliates, successors, and assigns.

This means that even after the franchise agreement expires or is terminated, the franchisee is still bound by the non-interference clause. This is a significant restriction, as it limits the franchisee's ability to engage with Cream's network, even after they are no longer a franchisee. The clause aims to protect Cream's relationships and goodwill, preventing former franchisees from leveraging their knowledge or contacts gained during the franchise term to harm the Cream business.

Continuing obligations such as non-interference are common in franchise agreements to protect the brand and its network. Prospective franchisees should carefully consider the implications of these clauses, as they can significantly impact their future business activities. It is advisable to seek legal counsel to fully understand the scope and enforceability of such provisions under applicable state laws.