What ordinances must the Cream Construction Plans comply with?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
Promptly after the site of your Premises is approved by us, and before you execute any lease, sublease, or other document to secure occupancy rights (the "Lease") for the Premises, you must engage our approved or designated architect to develop detailed design and construction plans for your Shop that comply with any design specifications or prototypical plans provided by us and all applicable ordinances, building codes, permit requirements, and lease requirements and restrictions, including those arising under the Americans with Disabilities Act or similar rules governing public accommodations for persons with disabilities, other applicable ordinances, building codes, permit requirements, and lease requirements and restrictions (your "Construction Plans"). We may require that you use suppliers we approve or designate to develop or review your Construction Plan.
Source: Item 23 — RECEIPTS (FDD pages 61–192)
What This Means (2025 FDD)
According to Cream's 2025 Franchise Disclosure Document, the Construction Plans for your shop must comply with all applicable ordinances, building codes, permit requirements, and lease requirements and restrictions. This includes rules arising under the Americans with Disabilities Act (ADA) or similar regulations governing public accommodations for people with disabilities.
In practical terms, this means that before a Cream franchisee can begin construction, they must ensure their plans adhere to a variety of local, state, and federal regulations. These regulations cover everything from structural integrity and fire safety (building codes) to accessibility for disabled individuals (ADA) and any specific rules outlined in the property lease. Cream may also require the franchisee to use approved or designated suppliers to develop or review the Construction Plans.
The franchisee bears the responsibility for developing the Construction Plans and ensuring compliance. Cream's approval of the plans only indicates that they meet the minimum requirements of the franchise, not that they are fully compliant with all applicable laws and regulations. Therefore, Cream advises franchisees to seek advice from their own professional advisors before signing any leases or legal documents, including permitting or licensing applications.
Non-compliance can lead to construction delays, fines, or legal issues, so it is crucial for prospective Cream franchisees to carefully review all applicable ordinances and requirements and work with qualified professionals to develop compliant Construction Plans. The franchisee must also obtain all required zoning changes, planning consents, building, utility, sign and business and other permits, consents and licenses necessary to lawfully open and operate their Cream shop.