Can Cream request copies of materials sent to a proposed buyer regarding the possible transaction of a Cream franchise?

According to Cream's 2025 Franchise Disclosure Document, Cream has the right to request copies of materials or information sent to a potential buyer or transferee regarding a possible transaction. This applies when a franchisee or their owners wish to transfer an interest in the franchise or the Franchise Agreement and their Shop.

Specifically, before a transfer can occur, the franchisee must obtain a bona fide written offer from a responsible and fully disclosed buyer. This offer must be sent to Cream and include details of payment terms and financing. To ensure the offer is valid, the proposed purchase price must be a dollar amount, and the buyer must submit an earnest money deposit of 5% or more of the offering price.

Cream may then request copies of any materials or information provided to the proposed buyer or transferee concerning the potential transaction. This allows Cream to fully assess the proposed transfer and the buyer. Cream also has the right of first refusal, meaning they can elect to purchase the interest themselves under the same terms and conditions as the offer. If Cream does not exercise this right, the franchisee may proceed with the sale to the proposed buyer, provided all other transfer conditions are met.