Does Marble Slab Creamery directly control (hire, fire, or schedule) a franchisee's employees?
Marble_Slab_Creamery Franchise · 2025 FDDAnswer from 2025 FDD Document
| THIS LEASE RIDER is entered into this day of, 20 by | ||
|---|---|---|
| and between Marble Slab Franchising, LLC ("Company"), | ||
| ("Franchisee"), and ("Landlord"). | ||
| , 20 (the "Franchise Agreement"); and | WHEREAS, Company and Franchisee are parties to a Franchise Agreement dated | |
| Creamery retail restaurant ("Restaurant") at a location that Franchisee selects and Company accepts; | WHEREAS, the Franchise Agreement provides that Franchisee will operate a Marble Slab | |
| and | ||
| attached (the "Lease"), pursuant to which Franchisee will occupy premises located at | WHEREAS, Franchisee and Landlord propose to enter into the lease to which this Rider is | |
| (the "Premises") for the purpose of constructing and operating the Restaurant in accordance with | ||
| the Franchise Agreement; and |
WHEREAS, the Franchise Agreement provides that, as a condition to Company's authorizing Franchisee to enter into the Lease, the parties must execute this Lease Rider;
NOW, THEREFORE, in consideration of the mutual undertakings and commitments set forth in this Rider and in the Franchise Agreement, the receipt and sufficiency of which the parties acknowledge, the parties agree as follows:
During the term of the Franchise Agreement, Franchisee will be permitted to use the Premises for the operation of the Restaurant and for no other purpose.
Subject to applicable zoning laws and deed restrictions, Landlord consents to Franchisee's installation and use of such trademarks, service marks, signs, decor items, color schemes, and related components of the Marble Slab Creamery system as Company may from time to time prescribe for the Restaurant.
Landlord agrees to promptly and timely furnish Company with copies of all letters and notices, including but not limited to notifications relating to extensions, renewals, and pre-emptive expirations, it sends to Franchisee pertaining to the Lease and the Premises.
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 Compan
Source: Item 22 — CONTRACTS (FDD page 101)
What This Means (2025 FDD)
Based on the 2025 Franchise Disclosure Document, the excerpts provided do not explicitly state that Marble Slab Creamery has direct control over a franchisee's employees, such as hiring, firing, or scheduling. The document focuses on the obligations and duties of the franchisee, compliance requirements, and the franchisor's rights regarding the brand and premises.
However, the FDD does emphasize the importance of maintaining high operating standards and protecting Marble Slab Creamery's reputation. While this suggests that franchisees must adhere to certain operational guidelines, it does not imply direct control over employee management. The franchisor's main focus appears to be on ensuring brand consistency and quality across all franchise locations.
Therefore, a prospective franchisee should clarify with Marble Slab Creamery the extent of their involvement in employee-related matters. Specifically, it would be prudent to ask about any required training programs for employees, operational guidelines that affect staffing, and whether the franchisor has any indirect influence on hiring or scheduling decisions.