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

According to Cream's 2025 Franchise Disclosure Document, if a franchisee intends to sell their franchise, Cream has a right of first refusal to purchase the franchise on the same terms as the proposed sale. If Cream chooses not to exercise this right, the franchisee has 60 days to complete the sale to the proposed buyer.

However, if the sale is not completed within that 60-day period, or if there is a material change in the terms of the sale, Cream or its designee has an additional right of first refusal. This means that Cream can assign its right of first refusal to another party, allowing that party to step in and purchase the franchise instead of the original proposed buyer.

This clause provides Cream with flexibility in managing its franchise network. It allows Cream to either purchase the franchise itself or to direct the sale to a party of its choosing, even after initially declining to exercise its right of first refusal. For a franchisee, this means that even if Cream initially waives its right, the sale could still be subject to Cream's intervention if the terms change or the sale is delayed.