What documents must a Marble Slab Creamery franchisee provide to the franchisor after securing a site?
Marble_Slab_Creamery Franchise · 2025 FDDAnswer from 2025 FDD Document
Agreement
- (a) We will designate your Site Selection Area.
- (b). Once you have located a potential site, you must submit to us for our review a real estate site evaluation package, including demographic and other information regarding the proposed site and neighboring areas. After receiving the real estate site evaluation package, we will review the information to determine whether the proposed site is acceptable. If we have not notified you within 30 days of receiving the information (or 10 days if we request additional information) that the site is accepted, then such site will be deemed rejected. If we accept the site, we will notify you of our acceptance, which will be conditioned on you entering into a final lease or purchase agreement
(and any other conditions we may impose). You are solely responsible for locating and selecting a suitable site for the Restaurant. You will be the tenant under your lease. We will not own or lease the premises for you. We will conduct an on-site evaluation if we consider it necessary and appropriate as part of our evaluation of your submittal package. If we determine that on-site evaluation is necessary and appropriate (on our own initiative), we will provide the evaluations (up to 2 days unless we agree otherwise) at our own expense, although we reserve the right to charge you an additional fee for this service. Generally, we consider the following factors in accepting a restaurant location: high foot traffic, visibility, complementary tenant mix in the shopping center, demographically dense primary retail trade populace, reasonable rent, adequate square footage, proper exposure within the demographic trade area and a retail-oriented shopping center. If we accept the proposed site and you obtain it, we will insert a description of the specific location on Franchise Agreement. Your Restaurant must be open for business within 12 months after we sign the Franchise Agreement. If you fail to meet this deadline for any reason, including your failure to propose a site that we accept, and we do not agree to extend the deadline, we will have the right to terminate your Franchise Agreement. If you sign Multi-Unit Restaurant Agreement, we will approve the locations of future Restaurants based on our then-current standards in each applicable Franchise Agreement.
(c) You must use a real estate broker that we designate or otherwise approve to assist you to locate the premises for your Restaurant and assist you to negotiate a lease or purchase of the premises for your Restaurant. Before you make a binding commitment to purchase, lease, or sublease a site, we must approve in writing the proposed lease or purchase agreement or any letter of intent between you and the third-party seller or lessor. If you lease the site, unless we waive the requirement in writing, you must arrange for the signing of the Lease Rider in the form that is attached to the Franchise Agreement. You must enter into, and provide us with a fully executed copy of, the purchase agreement and/or site lease and Lease Rider (unless we waive the Lease Rider requirement in writing), as applicable, within the earlier to occur of: (i) 10 days after full execution of the site lease or purchase agreement, as applicable; or (ii) 240 days after the Effective Date of the Franchise Agreement (the "Site Securitization Deadline"). (Franchise Agreement - Section 5.1(b)).
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS AND TRAINING (FDD pages 53–62)
What This Means (2025 FDD)
According to Marble Slab Creamery's 2025 Franchise Disclosure Document, after locating a potential site, franchisees must submit a real estate site evaluation package to Marble Slab Creamery for review. This package should include demographic and other information regarding the proposed site and neighboring areas. Franchisees must also obtain a Site Analysis from a vendor designated or approved by Marble Slab Creamery, which must be in a form and contain the information Marble Slab Creamery specifies.
If Marble Slab Creamery accepts the proposed site, their acceptance will be conditional on the franchisee entering into a final lease or purchase agreement. Following the acceptance of the site, the franchisee must negotiate a lease or purchase agreement for the site and submit a copy to Marble Slab Creamery for their acceptance. Franchisees must provide Marble Slab Creamery with a fully executed copy of the purchase agreement and/or site lease and Lease Rider (unless Marble Slab Creamery waives the Lease Rider requirement in writing) within the earlier of 10 days after full execution of the site lease or purchase agreement, or 240 days after the Effective Date of the Franchise Agreement.
If a Marble Slab Creamery franchisee fails to provide the purchase agreement or Site Lease within the specified timeframe, they may be granted a 60-day extension, but this requires paying a $5,000 extension fee. Marble Slab Creamery will review the proposed lease or real estate purchase agreement to determine if it meets their minimum standards. The franchisee must reimburse Marble Slab Creamery up to a maximum of $2,500 for this review. However, Marble Slab Creamery's acceptance of the lease should not be construed as a warranty that it complies with applicable law or is in the franchisee's best interest.