Does Cream require franchisees to develop their own Construction Plans?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
B. CONSTRUCTION PLANS AND LEASE.
Promptly after the site of your Premises is approved by us, and before you execute any lease, sublease, or other document to secure occupancy rights (the "Lease") for the Premises, you must engage our approved or designated architect to develop detailed design and construction plans for your Shop that comply with any design specifications or prototypical plans provided by us and all applicable ordinances, building codes, permit requirements, and lease requirements and restrictions, including those arising under the Americans with Disabilities Act or similar rules governing public accommodations for persons with disabilities, other applicable ordinances, building codes, permit requirements, and lease requirements and restrictions (your "Construction Plans"). We may require that you use suppliers we approve or designate to develop or review your Construction Plan.
You must obtain our approval of your Construction Plans before you sign the Lease. We must also approve your Lease before you sign it. Our approval of your Lease may be conditioned, among other things, on the lessor's agreement to certain provisions we require from time to time to protect our interests. Our current requirements are reflected in our form of lease rider attached as Attachment E. It is your sole responsibility to obtain a fully executed lease rider we have approved, without
modification, executed by you and the landlord. You must deliver an executed copy of your Lease and lease addendum to us within 10 days after execution. You must obtain our approval of your Lease and sign the Lease to secure occupancy rights to the Premises within 120 days of the Effective Date.
You acknowledge and agree that you have the sole responsibility to develop your Construction Plans and negotiate and execute your Lease. Any review or approval by us of your Construction Plans or Lease is for our sole benefit and indicates only that such Construction Plans and Lease satisfy our minimum requirements. You agree that you are not relying on our review and approval of your Construction Plans or Lease for your benefit. You further acknowledge that you have been advised to obtain the advice of your own professional advisors before you sign a Lease or any other legal documents, including permitting or licensing applications.
C. DEVELOPMENT AND OPENING OF YOUR SHOP.
Source: Item 23 — RECEIPTS (FDD pages 61–192)
What This Means (2025 FDD)
According to Cream's 2025 Franchise Disclosure Document, franchisees are responsible for developing their own Construction Plans. Specifically, the FDD states that the franchisee acknowledges and agrees that they have the sole responsibility to develop their Construction Plans and negotiate and execute their Lease. Cream may require the franchisee to use suppliers they approve or designate to develop or review the Construction Plan. Cream's review or approval of the Construction Plans is solely for their benefit and indicates only that the plans satisfy their minimum requirements.
Before executing any lease, sublease, or other document to secure occupancy rights for the premises, the franchisee must engage Cream's approved or designated architect to develop detailed design and construction plans for their shop. These plans must comply with any design specifications or prototypical plans provided by Cream, as well as all applicable ordinances, building codes, permit requirements, and lease requirements and restrictions.
Cream requires franchisees to obtain their approval of the Construction Plans before signing the Lease. Franchisees are advised to obtain advice from their own professional advisors before signing a Lease or any other legal documents, including permitting or licensing applications. Franchisees must also ensure that their shop is designed and constructed in all respects in accordance with the Construction Plans Cream has approved and may not modify the Construction Plans in any manner without Cream's approval of such modifications.