Does Marble Slab Creamery assume liability for an applicant's use or reliance on the Site Analysis?
Marble_Slab_Creamery Franchise · 2025 FDDAnswer from 2025 FDD Document
(ii) Applicant understands the reliability and/or accuracy of the Site Analysis has not been validated and Franchisor (and its Affiliates) shall have no liability or responsibility to Applicant by reason of Applicant's use or reliance upon the Site Analysis, and Applicant shall not assert any claim or demand against Franchisor (or its Affiliates) and shall hold them harmless on account of Applicant's use of the Site Analysis (regardless of any subsequent approval or disapproval by Franchisor of any site proposed by Applicant after having used the Site Analysis).
(iii) Although Franchisor believes it has taken prudent and reasonable steps to evaluate its designated vendor's theories and approach to site evaluation and the reliability and/or accuracy of the Site Analysis, there are no assurances now or in the future that the program is or will be accurate and/or will provide a reliable methodology for gauging the potential success or failure of any particular site or restaurant.
(iv) Further, it is Franchisor's belief that no site evaluation tool, including the Site Analysis, can replace the human judgment of Applicant or their real estate professional.
Franchisor strongly recommends that all sites be reviewed by Applicant and an appropriate real estate professional prior to the execution of a lease or purchase of a real estate location.
- (v) ALL USE BY APPLICANT OF THE SITE ANALYSIS IS PROVIDED "AS IS" AND FRANCHISOR (AND ITS AFFILIATES) AND THEIR PROVIDERS MAKE NO WARRANTY (1) AS TO ITS ACCURACY OR COMPLETENESS, (2) AS TO APPLICANT'S RESULTS, OR (3) THAT THE SITE ANALYSIS WILL BE ERROR FREE, OR ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY AS TO PERFORMANCE, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
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 does not assume liability or responsibility for an applicant's use or reliance upon the Site Analysis. The applicant acknowledges that the reliability and accuracy of the Site Analysis have not been validated. The applicant agrees not to assert any claims against Marble Slab Creamery or its affiliates and will hold them harmless regarding the applicant's use of the Site Analysis. This applies regardless of whether Marble Slab Creamery subsequently approves or disapproves a site proposed by the applicant after using the Site Analysis.
Marble Slab Creamery believes it has taken reasonable steps to evaluate its vendor's approach to site evaluation. However, there are no guarantees that the Site Analysis will be accurate or provide a reliable method for gauging the potential success or failure of a site. Marble Slab Creamery states that no site evaluation tool, including the Site Analysis, can replace the applicant's or their real estate professional's judgment. Marble Slab Creamery strongly recommends that all sites be reviewed by the applicant and a real estate professional before a lease is executed or real estate is purchased.
The Site Analysis is provided "AS IS," and Marble Slab Creamery and its providers make no warranties regarding its accuracy, completeness, or the applicant's results. They also do not warrant that the Site Analysis will be error-free or provide any other warranties, express or implied, including those related to performance, merchantability, or fitness for any particular purpose. This means a prospective franchisee bears the risk of any inaccuracies or errors in the site analysis and should not rely solely on it when making location decisions.