Who determines if a Marble Slab Creamery restaurant is being operated inconsistently with the agreement?
Marble_Slab_Creamery Franchise · 2025 FDDAnswer from 2025 FDD Document
Company will have the right, but not the obligation, without being guilty of trespass or any other crime or tort, to enter the Premises at any time or from time to time (i) to make any modification or alteration it considers necessary to protect the Marble Slab Creamery system and marks, (ii) to cure any default under the Franchise Agreement or under the Lease, or (iii) to remove the distinctive elements of the Marble Slab Creamery trade dress upon the Franchise Agreement's expiration or termination. Neither Company nor Landlord will be responsible to Franchisee for any damages Franchisee might sustain as a result of action Company takes in accordance with this provision. Company will reasonably repair or reasonably reimburse Landlord for the cost of damage to the Premises' walls, floor or ceiling resulting from Company's removal of trade dress items and other property from the Premises.
Source: Item 22 — CONTRACTS (FDD page 101)
What This Means (2025 FDD)
Based on the 2025 Marble Slab Creamery Franchise Disclosure Document, the franchisor, Marble Slab Franchising, LLC, has the authority to determine whether a franchisee is operating inconsistently with the franchise agreement. This is implied in several sections outlining the franchisor's rights and obligations, particularly regarding adherence to system standards, potential defaults, and actions upon termination or expiration of the agreement.
Specifically, Marble Slab Creamery retains the right to ensure franchisees comply with the standards and specifications of the Marble Slab Creamery system. They can request upgrades to conform to current standards, and the franchise agreement outlines conditions under which the franchisor can terminate the agreement if the franchisee fails to meet these standards. This includes instances of abandonment or failure to operate the restaurant according to the agreement's terms.
Furthermore, upon termination or expiration of the franchise agreement, Marble Slab Creamery has the right to enforce the removal of proprietary marks and ensure the premises no longer resemble a Marble Slab Creamery restaurant. The franchisor can enter the premises to make modifications necessary to protect the Marble Slab Creamery system and marks, indicating their oversight and authority in maintaining brand consistency. These stipulations collectively empower Marble Slab Creamery to assess and act upon any operational inconsistencies, ensuring adherence to the franchise agreement and protection of the brand's integrity.