What is the dependency between construction completion and scheduling the opening date for a Marble Slab Creamery franchise?
Marble_Slab_Creamery Franchise · 2025 FDDAnswer from 2025 FDD Document
- 5.12 Franchisee shall notify Franchisor, at least 60 days in advance, of the projected date by which all construction or remodeling shall be completed in accordance with Franchisor's specifications and all final health, fire, occupancy and other permits required for the occupancy and operation of the Restaurant shall have been obtained and Franchisee shall have fully prepared the Restaurant for pre-opening training in accordance with Franchisor's policies and specifications.
Franchisor will then contact Franchisee to establish a scheduled opening date (the "Scheduled Opening Date"), which shall be subject to Franchisor's scheduling needs and availability of personnel, and which will be set at least 30 days in advance (unless otherwise mutually agreed).
5.12.1 During the period between 60 and 30 days preceding the Scheduled Opening Date, Franchisee shall prepare and submit a proposed store opening and staffing plan in the form and manner required in the Manuals ("Opening Plan"), and shall complete by not later than 30 days prior to the Scheduled Opening Date such final modifications to such plan as Franchisor may require after consultation with Franchisee. Not later than 15 days prior to the Scheduled Opening Date, Franchisee shall have hired and payroll shall have commenced for the Operating Partner, Manager and all assistant managers and shift leaders of the Restaurant as contemplated by the final Opening Plan.
5.12.2 If, following establishment of the Scheduled Opening Date, the Scheduled Opening Date must be changed, for any reason, Franchisee shall promptly notify Franchisor of said change, and Franchisee shall reimburse Franchisor for all of its additional travel expenses and wages resulting from changing the travel arrangements of Franchisor's representatives scheduled to provide training to Franchisee, the estimated amount of which shall be payable in advance, before Franchisor's representatives travel to Franchisee's Accepted Location and before the Restaurant opens to the public.
Source: Item 22 — CONTRACTS (FDD page 101)
What This Means (2025 FDD)
According to Marble Slab Creamery's 2025 Franchise Disclosure Document, the scheduling of the opening date for a franchise is dependent on the completion of construction and other pre-opening requirements. At least 60 days before the projected completion date of construction or remodeling, the franchisee must notify Marble Slab Creamery. This notification must also confirm that all necessary health, fire, and occupancy permits have been secured. Additionally, the franchisee must have fully prepared the restaurant for pre-opening training, adhering to Marble Slab Creamery's policies and specifications.
Once Marble Slab Creamery receives this notification, they will contact the franchisee to establish the Scheduled Opening Date. This date is subject to Marble Slab Creamery's scheduling needs and the availability of their personnel. The Scheduled Opening Date will be set at least 30 days in advance, unless both parties mutually agree to a shorter timeframe.
Between 60 and 30 days before the Scheduled Opening Date, the franchisee is required to prepare and submit a proposed store opening and staffing plan, known as the Opening Plan, in the format specified in the manuals. No later than 30 days before the Scheduled Opening Date, the franchisee must finalize any modifications to the plan required by Marble Slab Creamery after consultation. Furthermore, at least 15 days before the Scheduled Opening Date, the franchisee must have hired and started payroll for the Operating Partner, Manager, assistant managers, and shift leaders as outlined in the final Opening Plan. If the Scheduled Opening Date needs to be changed for any reason after it has been established, the franchisee is responsible for reimbursing Marble Slab Creamery for any additional travel expenses and wages incurred due to changes in travel arrangements for Marble Slab Creamery's representatives who are scheduled to provide training. This reimbursement is payable in advance before the representatives travel to the location and before the restaurant opens to the public.