Can Marble Slab Creamery assign its rights and obligations under the Franchise Agreement?
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 (MSF) has the right to assign the Franchise Agreement and any benefits or obligations associated with it at any time. This means Marble Slab Creamery can transfer its rights and responsibilities under the agreement to another party without needing the franchisee's consent.
However, the franchisee (referred to as "Customer" in the document) is not allowed to assign any rights or delegate any obligations under the Franchise Agreement without obtaining prior written consent from Marble Slab Creamery. If the franchisee attempts to assign the agreement without this consent, the assignment will be considered null and void.
The Franchise Agreement is binding on and benefits the successors and assignees of the franchisee, but this does not imply consent to any assignment by Marble Slab Creamery, except as explicitly provided in the agreement. This clause ensures that while Marble Slab Creamery retains the freedom to assign the agreement, the franchisee's ability to do so is restricted, requiring franchisor approval.