According to the Marble Slab Creamery FDD, what is the relationship between the Manager and Marble Slab Creamery?
Marble_Slab_Creamery Franchise · 2025 FDDAnswer from 2025 FDD Document
-
- I will hold in strict confidence all information designated by the Franchisor or the Franchisee as confidential, and I will disclose and/or use the confidential information only in connection with my duties as required by my position with the Franchisee. My undertaking not to disclose confidential information is a condition of my position with the Franchisee, and continues even after I cease to be in that position.
-
- While in my position with the Franchisee, I will not do anything which may injure the Franchisee or the Franchisor, such as: (a) divert or attempt to divert actual or prospective customers to a competitor business selling competitive services; (b) employ or seek to employ anyone employed by the Franchisee, the Franchisor or other franchisees of the Franchisor; or (c) cause or encourage any employee of the Franchisee, the Franchisor or other franchisees of the Franchisor to leave his or her employment, other than in the normal course of my duties with the Franchisee.
-
- While in my position with the Franchisee, and for two (2) years after I cease to be in that position, I will not own, operate, engage in, or have any interest in a restaurant similar to a Marble Slab Creamery restaurant and which is located, or intended to be located, within a five mile radius of Franchisee's restaurant or any other Marble Slab Creamery restaurant. This restriction does not apply to my ownership of less than a five percent (5%) beneficial interest in the outstanding securities of any publicly-held corporation.
-
- The Franchisor is a third-party beneficiary of this Agreement and may enforce it, solely and/or jointly with the Franchisee. I am aware that my violation of this Agreement will cause the Franchisor and the Franchisee irreparable harm; therefore, I acknowledge and agree that the Franchisor and/or the Franchisee may apply for the issuance of an injunction preventing me from violating this Agreement, and I agree to pay the Franchisor and the
Source: Item 23 — RECEIPT (FDD pages 101–346)
What This Means (2025 FDD)
According to the 2025 Marble Slab Creamery FDD, the manager's relationship is defined through an agreement that primarily binds them to the franchisee, but also establishes a third-party beneficiary relationship with Marble Slab Creamery. This agreement outlines several key obligations and restrictions for the manager. The manager must maintain the confidentiality of sensitive information, refraining from disclosing or using it outside their duties for the franchisee. This obligation extends even after their employment ends.
Additionally, the manager is prohibited from actions that could harm the franchisee or Marble Slab Creamery. This includes diverting customers to competitors, poaching employees, or encouraging employees to leave their positions. Furthermore, for a period of two years after leaving their position, the manager is restricted from owning, operating, or having an interest in a similar restaurant within a five-mile radius of any Marble Slab Creamery location. An exception exists for owning less than 5% of a publicly-held corporation's securities.
Marble Slab Creamery, as a third-party beneficiary, has the right to enforce this agreement, either independently or jointly with the franchisee. The agreement explicitly acknowledges that any violation by the manager will cause irreparable harm to both the franchisee and Marble Slab Creamery. Consequently, both parties are entitled to seek an injunction to prevent further violations, and the manager is liable for any associated costs.