What is the condition for the landlord's consent to the assignment of the lease to Marble Slab Creamery?
Marble_Slab_Creamery Franchise · 2025 FDDAnswer from 2025 FDD Document
The foregoing consent is subject to each and all of the following terms and conditions:
(a) such consent shall not constitute a waiver of Landlord's right to consent to future assignments, subleases or transfers, or a waiver of any other provision of the Lease;
(b) such consent shall not be effective until Landlord shall have delivered to Franchisor a fully executed copy of this Agreement.
Source: Item 23 — RECEIPT (FDD pages 101–346)
What This Means (2025 FDD)
According to Marble Slab Creamery's 2025 Franchise Disclosure Document, the landlord's consent to the assignment of a lease is subject to specific terms and conditions. The consent does not waive the landlord's right to consent to future assignments, subleases, or transfers, nor does it waive any other provision of the lease. This means that each future request for assignment or sublease will be evaluated independently by the landlord.
Furthermore, the consent is not effective until the landlord delivers a fully executed copy of the agreement to Marble Slab Creamery. This ensures that Marble Slab Creamery is formally notified and has a record of the consent.
These conditions protect the landlord's interests and ensure that Marble Slab Creamery is properly informed of the consent and its terms. For a prospective franchisee, this means understanding that landlord consent is not guaranteed for future transfers and that all paperwork must be correctly executed and delivered to Marble Slab Creamery to ensure the consent is valid.