What is a condition precedent for Marble Slab Creamery Customer's obligations to MSF?
Marble_Slab_Creamery Franchise · 2025 FDDAnswer from 2025 FDD Document
(a) Conditions Precedent to MSF Obligations: As a condition precedent to MSF performing its obligations herein, Customer agrees to the following:
- (i) Subject to the terms of Section 2 of this Agreement, Customer shall keep current all payments for Fees.
- (ii) Customer shall adhere to all Brand Technology System standards for hardware, software, processes, business rules and requirements as designated or required by the Franchisor from time to time.
- (iii) Customer shall maintain current warranty or maintenance coverage on all Equipment and Supported Software comprising the Brand Technology System, including but not limited to the PC, printers, POS system, networking equipment, communications equipment, server or internet connectivity. In the event that warranty or maintenance service is no longer available from the manufacturer, dealer or vendor, or expires, Customer shall purchase replacement Equipment that is covered by warranty or maintenance service prior to expiration of coverage or within thirty (30) days of notification by MSF, whichever is earlier, at Customer's sole expense.
- (iv) Customer shall provide proof of warranty or maintenance service agreement with the appropriate manufacturer or vendor for all supported Equipment and Software upon renewal or request by MSF.
- (v) Customer shall pay all costs of repair or troubleshooting for the Equipment that is not covered under the applicable warranty.
(vi) Customer shall pay MSF or the appropriate vendor all fees for support and maintenance of the Supported Software.
(vii) Customer shall use a MSF-approved POS system, as detailed in the Manuals.
(viii) Customer shall repair or replace within seventy-two (72) hours any equipment or cabling that due to failure or defect interferes with the normal operation of the Brand Technology System, prevents the Brand Technology System from communicating with the POS system, or prevents the Brand Technology System from communicating with MSF servers.
This will include, but is not limited to, Customer's server and internet connectivity.
- (ix) For Customers who are not on the approved or designated Equipment, Customer shall obtain all support for the POS system directly from its POS system support vendor for hardware, programming and steering.
Source: Item 23 — RECEIPT (FDD pages 101–346)
What This Means (2025 FDD)
According to the 2025 Marble Slab Creamery Franchise Disclosure Document, there are several conditions precedent that a customer (franchisee) must meet before Marble Slab Creamery (MSF) is obligated to perform its duties under the franchise agreement. These conditions ensure that the franchisee is fulfilling their basic responsibilities, particularly regarding financial and technological aspects of the business.
The franchisee must maintain current payments for all fees owed to Marble Slab Creamery, adhering to the terms outlined in Section 2 of the agreement. They must also comply with all Brand Technology System standards, which include hardware, software, processes, business rules, and requirements as specified by the franchisor. This ensures that the franchisee's technology aligns with the brand's standards and operational needs.
Furthermore, the franchisee is required to maintain current warranty or maintenance coverage on all equipment and supported software that comprise the Brand Technology System. If warranty or maintenance service is no longer available, the franchisee must purchase replacement equipment with warranty coverage, either before the existing coverage expires or within thirty days of notification by Marble Slab Creamery. The franchisee must also provide proof of these warranty or maintenance agreements upon renewal or when requested by Marble Slab Creamery and pay all costs for repairs or troubleshooting not covered under warranty. The franchisee must also use a Marble Slab Creamery-approved POS system and repair or replace any equipment or cabling that interferes with the Brand Technology System within 72 hours.
Failure to comply with any of these conditions can result in the franchisee being deemed in default, allowing Marble Slab Creamery to immediately cease providing services until the noncompliance is resolved or to terminate the agreement altogether. These stipulations are designed to protect the integrity and operational standards of the Marble Slab Creamery brand, ensuring that franchisees meet essential obligations for the system to function effectively.