Can a waiver granted by Cream be revoked, and if so, under what conditions?
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 that Cream grants can be revoked. Cream, or the franchisee, can unilaterally waive or reduce any obligation or restriction upon the other under the Franchise Agreement via written instrument. This becomes effective upon delivery of written notice or another effective date stated in the waiver notice.
However, any waiver granted by Cream is subject to continuing review and can be revoked at any time, for any reason. To revoke a waiver, Cream must provide 10 days' prior written notice to the franchisee.
This clause ensures that Cream retains the flexibility to enforce the franchise agreement's provisions, even if it has previously waived them. For a potential franchisee, this means that any perceived leniency or temporary adjustments to the agreement do not set a precedent and can be reversed with proper notice.