Who must provide prior written consent before the Lease or Rider can be amended for a Cream franchise?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
Amendments.
Tenant agrees that neither the Lease nor this Rider may be amended by the parties thereto without the prior written consent of Franchisor.
Source: Item 23 — RECEIPTS (FDD pages 61–192)
What This Means (2025 FDD)
According to the 2025 FDD, Cream franchisees must obtain prior written consent from the franchisor before amending either the Lease or the Rider. This requirement is put in place to ensure that any changes to the lease agreement do not negatively impact Cream's brand standards, property requirements, or other critical aspects of the franchise system.
This provision protects Cream's interests by allowing them to maintain control over the physical locations of their franchises. By requiring consent, Cream can prevent franchisees from making alterations to the lease that could, for example, affect signage, the physical structure of the premises, or other elements that contribute to the brand's image and operational consistency. This also ensures that the franchisee does not agree to any lease amendments that could violate the franchise agreement.
For a prospective Cream franchisee, this means that any desired changes to the lease or rider must first be approved by Cream. This could add an extra layer of complexity and time to lease negotiations or modifications. However, it also provides a level of assurance that the franchisor is invested in protecting the franchisee's interests and ensuring the location remains suitable for operating a Cream franchise. Franchisees should factor this requirement into their timelines and communication strategies when dealing with lease-related matters.