Can Marble Slab Creamery assign the Franchise Agreement and its benefits at any time?
Marble_Slab_Creamery Franchise · 2025 FDDAnswer from 2025 FDD Document
- ASSIGNMENT.
- (a) MSF may assign this Agreement and any or all benefits and obligations arising from it at any time.
- (b) Customer shall not assign any of its rights or delegate any of its obligations under this Agreement without the prior written consent of MSF, and any such assignment lacking consent shall be null and void. This Agreement shall be binding on and shall inure to the benefit of the successors and assignees of the Customer hereto, but nothing in this Article shall be construed as a consent to any assignment of this Agreement by MSF except as provided hereinabove.
Source: Item 23 — RECEIPT (FDD pages 101–346)
What This Means (2025 FDD)
According to Marble Slab Creamery's 2025 Franchise Disclosure Document, Marble Slab Creamery Franchising, LLC (MSF) has the right to assign the Franchise Agreement and all associated benefits and obligations at any time. However, the franchisee, referred to as 'Customer' in the agreement, is restricted from assigning any rights or delegating obligations without obtaining prior written consent from MSF. Any assignment attempted by the franchisee without this consent will be considered null and void.
This clause ensures that Marble Slab Creamery maintains control over who operates its franchises and can transfer its contractual rights as needed. For a prospective franchisee, this means they cannot sell, transfer, or otherwise assign their franchise to someone else without the franchisor's explicit approval. This protects the brand by ensuring that new operators meet Marble Slab Creamery's standards and qualifications.
The agreement is binding on the successors and assignees of the franchisee, but this does not imply consent for the franchisee to assign the agreement, except as explicitly provided. This distinction reinforces the franchisor's control over franchise ownership and transfer. The franchisee should be aware that Marble Slab Creamery can freely assign the agreement, potentially leading to a change in who they interact with as the franchisor, while the franchisee does not have the same flexibility.