Can the Marble Slab Creamery agreement be assigned indirectly by the Owner without the Manager's consent?
Marble_Slab_Creamery Franchise · 2025 FDDAnswer from 2025 FDD Document
The Owner expressly agrees and acknowledges that neither this Agreement nor any rights, benefits or obligations hereunder, may be assigned, directly, indirectly, voluntarily or by operation of law, by the Owner, without the prior written consent of Manager.
Source: Item 23 — RECEIPT (FDD pages 101–346)
What This Means (2025 FDD)
According to the 2025 Marble Slab Creamery Franchise Disclosure Document, the Owner is explicitly prohibited from assigning the agreement, either directly or indirectly, without obtaining prior written consent from the Manager.
This restriction means that a Marble Slab Creamery franchisee (the Owner) cannot transfer their rights or obligations under the agreement to another party without the Manager's approval. This includes any transfer that occurs through other means, such as a change in ownership of the franchisee's business entity. The Manager has the right to withhold consent for any reason.
This requirement protects the Manager by ensuring that any new party taking over the franchise meets their standards and is capable of fulfilling the obligations of the agreement. For a prospective franchisee, this means they will need to seek approval from the Manager if they ever plan to sell their franchise or transfer ownership of their business. Failure to obtain this consent would constitute a breach of the agreement and could have serious consequences.