Besides changes Marble Slab Creamery can make, what is required for any other modification of the Franchise Agreement?
Marble_Slab_Creamery Franchise · 2025 FDDAnswer from 2025 FDD Document
| Provision | Section in Franchise Agreement | Summary | |
|---|---|---|---|
| s. | Modification of the agreement | Section 20 | Except for changes we can make, no amendment without mutual written consent |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 74–85)
What This Means (2025 FDD)
According to Marble Slab Creamery's 2025 Franchise Disclosure Document, modifications to the franchise agreement, outside of those Marble Slab Creamery can make, require mutual written consent. This means that both Marble Slab Creamery and the franchisee must agree to the changes in writing for them to be valid. This requirement is detailed in Section 20 of the franchise agreement.
For the Multi-Unit Restaurant Agreement, Section 10.10 states that modifications must be in writing and signed by both the franchisee and Marble Slab Creamery. This ensures that any changes to the agreement are formally documented and agreed upon by all parties involved, preventing misunderstandings or disputes later on.
For the Management Agreement, Section 7.12 states that no amendment is valid unless signed by Marble Slab Creamery or its affiliate. This indicates that franchisees do not have the ability to modify the Management Agreement, and only Marble Slab Creamery can authorize changes.
For the LLC Operating Agreement, Section 11.3 specifies that no amendment is valid unless signed by all members. However, additional members may be admitted with the consent of more than 75% of the percentage interests. This highlights the importance of consensus among members for any changes to the LLC Operating Agreement, ensuring that all parties are in agreement or that a supermajority approves the addition of new members.