How does Cream provide notice of a waiver of obligation?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
We and you may, by written instrument, unilaterally waive or reduce any obligation of or restriction upon the other under this Agreement, effective upon delivery of written notice to the other or another effective date stated in the notice of waiver. Any waiver granted will be without prejudice to any other rights we or you have, will be subject to continuing review, and may be revoked at any time and for any reason effective upon delivery of 10 days' prior written notice.
Source: Item 23 — RECEIPTS (FDD pages 61–192)
What This Means (2025 FDD)
According to Cream's 2025 Franchise Disclosure Document, both Cream and the franchisee can waive or reduce obligations or restrictions under the Franchise Agreement. To do so, the party must provide written notice to the other party. This notice is effective either upon delivery or on another date specified within the notice itself.
Any waiver granted by either Cream or the franchisee does not compromise any other rights they possess. The waiver is subject to ongoing review and can be revoked at any time, for any reason. However, the revocation is only effective after a 10-day prior written notice is delivered to the other party.
This clause ensures that both Cream and its franchisees have the flexibility to adjust certain obligations as needed, but it also protects both parties by requiring written notice and allowing for revocation of waivers with advance notice. This is a fairly standard practice in franchising, as it allows for unforeseen circumstances and necessary adjustments to the franchise agreement while maintaining a clear record of any changes.