Is it permissible to modify the Cream Construction Plans without approval?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
Once you receive our approval of your Lease, you must promptly apply for permits and other local licenses necessary to complete the construction outlined in your Construction Plans. You are responsible for conforming your Premises to local ordinance and building codes, obtaining required permits, and constructing, remodeling, decorating, and otherwise outfitting the Premises to satisfy our specifications. After signing your Lease, you must promptly begin to develop and outfit your Shop in accordance with the Construction Plans we have approved, at your cost, including that you must promptly obtain all required zoning changes, planning consents, building, utility, sign and business permits and licenses necessary to lawfully open and operate your Shop. You may not modify the Construction Plans in any manner without our approval of such modifications. You must ensure that your Shop is designed and constructed in all respects in accordance with the Construction Plans we have approved. You must also, at your cost, to do all things necessary to develop and prepare your Shop for opening in accordance with your Franchise Agreement and our System Standards.
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS, AND TRAINING (FDD pages 28–35)
What This Means (2025 FDD)
According to Cream's 2025 Franchise Disclosure Document, franchisees are not allowed to modify the Construction Plans without prior approval from Cream. After Cream approves the lease, franchisees must apply for the necessary permits to complete the construction outlined in the Construction Plans. Franchisees are responsible for ensuring the premises conform to local ordinances and building codes, obtaining the required permits, and constructing the premises to meet Cream's specifications.
Specifically, the FDD states that franchisees must develop and outfit their shop according to the approved Construction Plans at their own cost, including obtaining all necessary zoning changes, planning consents, and permits. Franchisees must ensure that the shop's design and construction align with the approved Construction Plans.
This requirement ensures that all Cream locations maintain a consistent brand image and meet the franchisor's standards for quality and functionality. Failing to adhere to the approved Construction Plans or making unauthorized modifications could result in a breach of the franchise agreement.