Does Cream have the right to assign its right of first refusal to a third party?

According to Cream's 2025 Franchise Disclosure Document, Cream has the unrestricted right to assign its right of first refusal to a third party. This means that if a franchisee or their owners wish to transfer their interest in the franchise, Cream can assign its right to purchase that interest to another party.

This right of first refusal comes into play when a franchisee receives a bona fide offer from a potential buyer. The franchisee must provide Cream with a complete copy of the offer, including payment terms and financing details, with a minimum earnest money deposit of 5% of the offering price. Cream then has the option to purchase the interest on the same terms as the offer.

However, Cream can assign this right to a third party, who would then have the ability to purchase the franchise interest instead of Cream. This third party would then step into Cream's shoes and have the right to buy the franchise on the terms of the offer. If neither Cream nor its assignee exercises the right of first refusal, the franchisee is free to proceed with the sale to the original buyer, assuming all other transfer conditions are met.