Unless otherwise specified, how are 'days' defined in the Cream franchise agreement?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
References in this Agreement to: (1) "we," "us," and "our," with respect to all of our rights and all of your obligations to us under this Agreement, include any of our affiliates with whom you deal; (2) "affiliate" of any person means any other person that is directly or indirectly owned or controlled by, under common control with, or owning or controlling such person; (3) "control" of any person means the ownership interest of greater than 50% of the outstanding ownership interests of any entity, and/or the power to direct or cause the direction of management and policies; (4) "ownership interest" means any direct or indirect title, ownership and/or beneficial interest in the equity, voting rights, or economic interest in any Entity; (5) "owner" means any person that holds any direct or indirect ownership interest in an Entity; (6) "person" means any natural person, Entity, unincorporated association, cooperative, or other legal or functional organization; (7) unless otherwise specified, "days" means calendar days and not business days; and (8) "your Shop" includes all of the assets of the Jeni's Ice Creams Scoop Shop you operate under this Agreement, including its revenue and the Lease. The use of the term "including" in this Agreement, means in each case "including, without limitation." If two or more persons are at any time the owners of your Shop, whether as partners or joint venturers, their obligations, and liabilities to us will be joint and several.
Source: Item 23 — RECEIPTS (FDD pages 61–192)
What This Means (2025 FDD)
According to the 2025 FDD, the Cream franchise agreement specifies that the term 'days' refers to calendar days, not business days, unless explicitly stated otherwise. This definition is important for franchisees to understand, as it affects various deadlines and obligations outlined in the agreement.
For example, if a franchisee is required to correct a failure to maintain insurance within 10 days of receiving written notice, those 10 days include weekends and holidays. Similarly, if Cream notifies a franchisee that they do not intend to exercise their right of first refusal, the franchisee has 60 calendar days to complete the sale to a proposed buyer.
Understanding this definition is crucial for compliance with the franchise agreement and avoiding potential defaults or breaches. Franchisees should carefully review all clauses in the agreement that involve deadlines or timeframes to ensure they are aware of their obligations and can meet them within the specified calendar day periods.