Under what circumstances do the Maryland provisions apply to the Cream Area Development Agreement?

According to Cream's 2025 Franchise Disclosure Document, the Maryland provisions are annexed to and form part of the Area Development Agreement under specific circumstances. These provisions apply if (a) the franchisee is a resident of the State of Maryland, (b) the franchised business is or will be operated in the State of Maryland, or (c) the offer of the franchise was made or accepted in the State of Maryland.

These conditions mean that if a prospective Cream franchisee lives in Maryland, plans to operate their Cream business in Maryland, or if the franchise agreement was offered or accepted in Maryland, then the specific Maryland provisions outlined in the FDD will be incorporated into their Area Development Agreement. These provisions modify certain sections of the agreement to comply with Maryland franchise law.

For example, Maryland law stipulates that any release required as a condition of renewal or transfer will not apply to claims arising under the Maryland Franchise Registration and Disclosure Law. Additionally, a franchisee can bring a lawsuit in Maryland for claims related to violations of the Maryland Franchise Registration and Disclosure Law, and any such claims must be brought within three years after the franchise grant. Cream franchisees should be aware of these stipulations if any of the aforementioned conditions are met.