Can a waiver granted by Cream be revoked?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
We and you may, by written instrument, unilaterally waive or reduce any obligation of or restriction upon the other under this Agreement, effective upon delivery of written notice to the other or another effective date stated in the notice of waiver. Any waiver granted will be without prejudice to any other rights we or you have, will be subject to continuing review, and may be revoked at any time and for any reason effective upon delivery of 10 days' prior written notice.
Source: Item 23 — RECEIPTS (FDD pages 61–192)
What This Means (2025 FDD)
According to Cream's 2025 Franchise Disclosure Document, any waiver of obligations or restrictions can be revoked. Cream or the franchisee may waive or reduce obligations in writing. However, any waiver granted is subject to continuing review and can be revoked at any time, for any reason. Cream must provide 10 days' prior written notice before the revocation becomes effective.
This means that even if Cream initially waives a certain requirement or restriction outlined in the franchise agreement, it retains the right to reinstate that requirement later. This could impact a franchisee's operations if they have made business decisions based on the assumption that the waiver would remain in effect.
Prospective franchisees should carefully consider this provision and understand that any waivers granted by Cream are not permanent and can be subject to change. It would be prudent to discuss with Cream the circumstances under which a waiver might be revoked and to factor this potential change into their business planning.