For a Marble Slab Creamery co-branded franchise, what does the 'Co-branded Franchise Agreement(s)' grant the franchisee?
Marble_Slab_Creamery Franchise · 2025 FDDAnswer from 2025 FDD Document
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained below, the parties hereto agree as follows:
1
1. Grant of Permission.
(a) By executing this Addendum, Franchisor and each Co-brand consent, notwithstanding contrary terms of the Lead Franchise Agreement and the Co-branded Franchise Agreement(s), but subject to the terms and conditions set forth herein, to Franchisee: (i) operating the Business as a cobranded restaurant, pursuant to and in accordance with the Lead Franchise Agreement and the Cobranded Franchise Agreement(s); (ii) offering and selling the products and services authorized by the Lead Franchisor and the Co-brand(s) for sale from the Business as further provided in Paragraph 2 below; (iii) using and displaying the trademarks, service marks, logos, trade names and other similar indicia of the Lead Franchisor at the Business in accordance with the specifications and requirements as may be provided to Franchisee from time to time, and the terms and conditions of the Lead Franchise Agreement; (iv) using and displaying the trademarks, service marks, logos, trade names and other similar indicia of the Co-brand(s) at the Business in accordance with the specifications and requirements as may be provided to Franchisee from time to time, and the terms and conditions of the Co-branded Franchise Agreement(s) (the "Co-branded Marks"); and (v) remodeling certain portions of the Business to incorporate the Co-branded Marks, signs, trade dress, equipment, furnishings and fixtures in accordance with Franchisor's specifications and guidelines, as may be provided to Franchisee from time to time, and subject the applicable Co-brand(s) specifications and guidelines, and subject to the rights and permissions granted to Franchisee pursuant to the Co-branded Franchise Agreement(s).
(b) Franchisee acknowledges that this Addendum and Franchisor's permission granted herein apply only to the Business, and shall not be understood or taken to be permission to offer any menu items or other products or services of the Co-brand(s) or use or display any of the Co-branded Marks at any other restaurant or business owned or operated by Franchisee.
Source: Item 22 — CONTRACTS (FDD page 101)
What This Means (2025 FDD)
According to the 2025 Marble Slab Creamery Franchise Disclosure Document, the 'Co-branded Franchise Agreement(s)' grants the franchisee several permissions related to operating a co-branded restaurant. Specifically, it allows the franchisee to operate the business as a co-branded restaurant in accordance with both the lead franchise agreement and the co-branded franchise agreement. This means the franchisee can offer and sell products and services authorized by both Marble Slab Creamery and the co-brand.
Additionally, the franchisee is permitted to use and display the trademarks, service marks, logos, trade names, and other similar identifiers of the co-brand at the business. This usage must align with the specifications and requirements provided to the franchisee and adhere to the terms and conditions outlined in the Co-branded Franchise Agreement(s). These identifiers are referred to as the "Co-branded Marks."
Finally, the agreement allows the franchisee to remodel certain portions of the business to incorporate the Co-branded Marks, signs, trade dress, equipment, furnishings, and fixtures. This remodeling must follow Marble Slab Creamery's specifications and guidelines, as well as the applicable co-brand's specifications and guidelines, and is subject to the rights and permissions granted in the Co-branded Franchise Agreement(s). However, it's important to note that these permissions apply only to the specific co-branded business and do not extend to any other restaurants or businesses owned or operated by the franchisee.