Do the provisions of the Cream franchise agreement relating to the Marks and the System apply to additional or modified components?

According to Cream's 2025 Franchise Disclosure Document, all provisions in the franchise agreement relating to the Marks and the System extend to any additional or modified components that Cream authorizes a franchisee to use. This means that any changes or additions to Cream's trademarks, service marks, or operational methods will be subject to the same terms and conditions as the original Marks and System.

This clause ensures that Cream maintains control over its brand and operational standards, even as they evolve. For a franchisee, this means that they must adhere to any modifications or updates to the Marks and System that Cream implements. This includes using new marketing materials, adopting updated operational procedures, or incorporating new product offerings.

Cream is not required to reimburse franchisees for any costs or expenses associated with these changes, including promoting a modified or substitute Mark, or for any loss of revenue due to any modification to the Marks or System. Franchisees are responsible for the costs of implementing all changes to their shop. This could involve purchasing new equipment, updating signage, or retraining staff. Franchisees should be prepared to adapt their business to meet Cream's evolving standards, understanding that these changes are part of maintaining the brand's integrity and competitiveness.