What is the definition of a 'Traditional Restaurant' in the context of a Marble Slab Creamery franchise agreement?
Marble_Slab_Creamery Franchise · 2025 FDDAnswer from 2025 FDD Document
If we grant you the right to develop on a "Protected Rights" basis, we will not operate, or license to anyone else the right to operate, a "MARBLE SLAB CREAMERY®" "Traditional Restaurant" (defined below) at any venue other than a "Non-Traditional Venue/Excluded Venue" (defined below) in the Development Area during the term of your Multi-Unit Restaurant Agreement. A "Traditional Restaurant" is a business premises that exists primarily as a "MARBLE SLAB CREAMERY®" restaurant, excluding any "MARBLE SLAB CREAMERY®" restaurant at a Non-Traditional Venue/Excluded Venue, however, which Traditional Restaurant may also have other types of Franchisor-approved co-branded businesses located in it, but in such case the MARBLE SLAB CREAMERY restaurant is the primary business. A "Non-Traditional Venue/Excluded Venue" means a site, venue or location within another primary business or in conjunction with other businesses or at institutional settings, including, toll roads, highway travel plazas, hotels and motels, casinos and casino adjacent locations, airports, sports arena, stadiums, bus stations, train stations, theme parks, amusement facilities, military and other governmental facilities, movie theaters, hospitals, grocery stores, supermarkets, convenience stores, schools, college and university campuses, piers, gyms, offices or in-plant food service facilities, shopping mall food courts operated by a master concessionaire, and any site for which the lessor, owner or operator has indicated its intent to prefer or limit the operation of its food service facilities to a master concessionaire or contract food service provider.
Source: Item 12 — TERRITORY (FDD pages 62–68)
What This Means (2025 FDD)
According to the 2025 Marble Slab Creamery Franchise Disclosure Document, a "Traditional Restaurant" is defined as a business premises that primarily operates as a Marble Slab Creamery restaurant. This excludes any Marble Slab Creamery restaurant located at a "Non-Traditional Venue/Excluded Venue." However, a Traditional Restaurant may also include other franchisor-approved co-branded businesses, as long as the Marble Slab Creamery restaurant remains the primary business.
This definition is important for prospective franchisees because it clarifies the types of locations where Marble Slab Creamery intends to offer its traditional franchise model. It also highlights the possibility of co-branding opportunities within a traditional restaurant setting, which could potentially increase revenue streams. However, franchisees should be aware that the Marble Slab Creamery restaurant must remain the primary business in any co-branded location.
"Non-Traditional Venue/Excluded Venue" includes locations such as toll roads, highway travel plazas, hotels and motels, casinos, airports, sports arenas, stadiums, bus stations, train stations, theme parks, military facilities, movie theaters, hospitals, grocery stores, schools, college campuses, piers, gyms, offices, shopping mall food courts and any site that prefers to limit food service operations to a master concessionaire or contract food service provider. This distinction is crucial for understanding the scope of a franchisee's protected rights, if any, and where Marble Slab Creamery may establish other outlets without infringing on those rights.