Does Marble Slab Creamery's acceptance of a proposed site constitute a warranty or representation of the restaurant's potential success?
Marble_Slab_Creamery Franchise · 2025 FDDAnswer from 2025 FDD Document
If Franchisor has reviewed and accepted Franchisee's lease or purchase agreement, such review and acceptance is solely for Franchisor's benefit and, is solely an indication that the lease or purchase agreement, as applicable, meets Franchisor's minimum standards and specifications at the time of acceptance. Such review and acceptance shall not be construed as any express or implied representation or warranty that an accepted lease or purchase agreement complies with applicable law or represents a transaction that is fair or is in Franchisee's best interest.
Source: Item 22 — CONTRACTS (FDD page 101)
What This Means (2025 FDD)
According to Marble Slab Creamery's 2025 Franchise Disclosure Document, the franchisor's review and acceptance of a franchisee's lease or purchase agreement does not constitute a warranty or representation of the restaurant's potential success. Marble Slab Creamery's acceptance only indicates that the lease or purchase agreement meets the franchisor's minimum standards and specifications at the time of acceptance.
Marble Slab Creamery explicitly states that this review and acceptance should not be interpreted as any express or implied representation or warranty that the accepted lease or purchase agreement complies with applicable law or represents a transaction that is fair or in the franchisee's best interest. This means that while Marble Slab Creamery may review the lease or purchase agreement for compliance with their standards, the franchisee is ultimately responsible for ensuring the site is suitable for their business and complies with all legal requirements.
This disclaimer is a common practice in franchising, as franchisors typically want to ensure brand consistency and adherence to their operational standards without taking on the risk of guaranteeing a franchisee's success. Prospective Marble Slab Creamery franchisees should conduct their own due diligence, including market research and legal consultation, to determine the suitability of a proposed location.