What disclaimer does Marble Slab Creamery provide regarding the accuracy of the Site Analysis?
Marble_Slab_Creamery Franchise · 2025 FDDAnswer from 2025 FDD Document
(ii) Applicant understands the reliability and/or accuracy of the Site Analysis has not been validated and Franchisor (and its Affiliates) shall have no liability or responsibility to Applicant by reason of Applicant's use or reliance upon the Site Analysis, and Applicant shall not assert any claim or demand against Franchisor (or its Affiliates) and shall hold them harmless on account of Applicant's use of the Site Analysis (regardless of any subsequent approval or disapproval by Franchisor of any site proposed by Applicant after having used the Site Analysis).
(iii) Although Franchisor believes it has taken prudent and reasonable steps to evaluate its designated vendor's theories and approach to site evaluation and the reliability and/or accuracy of the Site Analysis, there are no assurances now or in the future that the program is or will be accurate and/or will provide a reliable methodology for gauging the potential success or failure of any particular site or restaurant.
(iv) Further, it is Franchisor's belief that no site evaluation tool, including the Site Analysis, can replace the human judgment of Applicant or their real estate professional.
Franchisor strongly recommends that all sites be reviewed by Applicant and an appropriate real estate professional prior to the execution of a lease or purchase of a real estate location.
- (v) ALL USE BY APPLICANT OF THE SITE ANALYSIS IS PROVIDED "AS IS" AND FRANCHISOR (AND ITS AFFILIATES) AND THEIR PROVIDERS MAKE NO WARRANTY (1) AS TO ITS ACCURACY OR COMPLETENESS, (2) AS TO APPLICANT'S RESULTS, OR (3) THAT THE SITE ANALYSIS WILL BE ERROR FREE, OR ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY AS TO PERFORMANCE, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
Source: Item 23 — RECEIPT (FDD pages 101–346)
What This Means (2025 FDD)
According to Marble Slab Creamery's 2025 Franchise Disclosure Document, several disclaimers are provided regarding the accuracy and reliability of the Site Analysis. The document states that the reliability and accuracy of the Site Analysis have not been validated, and Marble Slab Creamery and its affiliates will not be liable for the applicant's use or reliance on the Site Analysis. The applicant agrees not to make any claims against Marble Slab Creamery or its affiliates based on the Site Analysis, regardless of whether Marble Slab Creamery approves the site after the applicant uses the analysis.
Marble Slab Creamery believes it has taken reasonable steps to evaluate its vendor's approach to site evaluation. However, there is no guarantee that the Site Analysis will be accurate or provide a reliable method for predicting the success or failure of a particular site. Marble Slab Creamery emphasizes that the Site Analysis should not replace the franchisee's or their real estate professional's judgment. The company strongly recommends that all sites be reviewed by the applicant and a real estate professional before a lease is signed or real estate is purchased.
Furthermore, Marble Slab Creamery provides the Site Analysis "AS IS" and disclaims any warranties regarding its accuracy, completeness, or error-free operation. They also disclaim warranties related to the applicant's results, performance, merchantability, or fitness for a particular purpose. This comprehensive disclaimer underscores that franchisees should not solely rely on the Site Analysis but should also use their own judgment and seek professional advice when selecting a location.