Can Cream vary System Standards for any franchise owner?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
You acknowledge and agree that complete and detailed uniformity might not be possible or practical under varying conditions, and that we specifically reserve the right to vary System Standards
for any franchise owner based on the peculiarities of any condition that we consider important to that franchise owner's successful operation or preserving the goodwill of the System and Marks. We may choose not to authorize similar variations or accommodations to you or other franchise owners.
Source: Item 23 — RECEIPTS (FDD pages 61–192)
What This Means (2025 FDD)
According to Cream's 2025 Franchise Disclosure Document, Cream reserves the right to vary System Standards for individual franchise owners. This means that Cream can make exceptions or modifications to the standard operating procedures and requirements for a specific franchise.
Cream may implement these variations based on conditions they deem important to a franchise owner's success or to protect the goodwill of the Cream system and its trademarks. However, the FDD also states that Cream is not obligated to offer similar variations or accommodations to other franchise owners. This implies that any adjustments to System Standards are made at Cream's discretion and are not guaranteed to be applied uniformly across all franchises.
For a prospective Cream franchisee, this clause indicates a degree of flexibility within the franchise system, but also highlights the potential for inconsistent application of standards. It would be prudent for a potential franchisee to discuss with Cream the circumstances under which such variations might be granted and to understand how this could impact their franchise operation compared to others in the system.