What is the required notice period for Cream to revoke a waiver?
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, Cream may revoke a waiver at any time and for any reason. To do so, Cream must provide the franchisee with 10 days' prior written notice. This allows Cream to reinstate obligations or restrictions that were previously waived.
This clause in the franchise agreement means that any benefit a franchisee receives from a waiver is not permanent and can be withdrawn with only a short notice period. This could impact a franchisee's business plans if they have relied on a waiver for a particular aspect of their operations. For example, if Cream waives a requirement for a specific product offering, they can reinstate that requirement with just 10 days' notice.
Franchisees should carefully consider the implications of this clause and factor in the possibility that waivers can be revoked when making business decisions. It is also important to maintain open communication with Cream to understand the likelihood of any waivers being revoked and to plan accordingly. This is a fairly standard clause in franchise agreements, as it allows the franchisor flexibility to adapt to changing market conditions or to ensure brand consistency.