How does Cream provide notice of a waiver of obligation or restriction?
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 unilaterally waive or reduce any obligation or restriction upon the other party under the Franchise Agreement. This waiver must be documented in writing and becomes effective either upon delivery of the written notice or on another effective date specifically stated in the waiver notice.
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. To revoke a waiver, the revoking party must provide 10 days' prior written notice to the other party.
This clause ensures that both Cream and its franchisees have the flexibility to adjust certain obligations or restrictions as needed, while also protecting their respective rights and providing a clear process for revoking any waivers. The requirement for written notice and a waiting period for revocation helps to avoid misunderstandings and provides a degree of stability in the franchise relationship.