Can the Marble Slab Creamery agreement be assigned voluntarily 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.
Except as aforesaid, this Agreement, and the rights, duties and obligations of the parties hereunder, shall be
Source: Item 23 — RECEIPT (FDD pages 101–346)
What This Means (2025 FDD)
According to Marble Slab Creamery's 2025 Franchise Disclosure Document, the Owner is explicitly prohibited from assigning the agreement without the Manager's prior written consent. This restriction applies whether the assignment is direct, indirect, voluntary, or by operation of law. This requirement ensures that the Manager retains control over who operates a Marble Slab Creamery franchise and maintains brand standards.
This provision has significant implications for a prospective Marble Slab Creamery franchisee. It means that if the franchisee wishes to sell or transfer their franchise, they must obtain approval from the Manager. This consent is not guaranteed and may depend on various factors, such as the proposed assignee's financial stability, operational experience, and commitment to upholding Marble Slab Creamery's standards. Without this consent, any attempted assignment is invalid.
The agreement also specifies that it is binding upon and benefits the parties and their respective successors and permitted assigns, reinforcing the need for proper assignment procedures. This clause underscores the importance of adhering to the outlined assignment protocols to ensure a smooth and legally sound transfer of the franchise. The franchisee should carefully consider this restriction and discuss potential exit strategies with the franchisor before entering into the agreement.
In summary, a Marble Slab Creamery franchisee cannot assign their agreement without the Manager's express written consent. This requirement protects the integrity of the franchise system and ensures that any transfer of ownership meets the franchisor's standards.