Who must execute the written guaranty for a Marble Slab Creamery franchise?
Marble_Slab_Creamery Franchise · 2025 FDDAnswer from 2025 FDD Document
| THIS GENERAL RELEASE ("Release") is executed onby | |
|---|---|
| ("Franchisee"), ("Guarantors"), | |
| and ("Transferee") as a condition of (1) the transfer of the | |
| Marble Slab Creamery Franchise Agreement | dated between Marble Slab |
| Franchising, LLC ("MSF") and Franchisee ("Franchise Agreement"); or (2) the execution of a | |
| successor Franchise Agreement by Franchisee and MSF. (If this Release is executed under the | |
| conditions set forth in (2) above, all references in this Release to "Transferee" should be ignored.) |
Source: Item 23 — RECEIPT (FDD pages 101–346)
What This Means (2025 FDD)
According to the 2025 Marble Slab Creamery Franchise Disclosure Document, a general release related to franchise agreements is executed by the franchisee, any guarantors, and any transferees. This release is required as a condition for either the transfer of the Marble Slab Creamery Franchise Agreement or the execution of a successor Franchise Agreement between the franchisee and Marble Slab Franchising, LLC. If the release is executed for a successor agreement, references to the "Transferee" are disregarded.
In simpler terms, if you're transferring your Marble Slab Creamery franchise to someone else (the Transferee), or if you're signing a new franchise agreement with Marble Slab Creamery, you (the Franchisee) and anyone who has guaranteed your obligations (the Guarantors) must sign a release. This release likely waives certain claims against Marble Slab Creamery. The inclusion of guarantors is a common practice in franchising, especially when the franchisee is a corporate entity or has limited financial history. The guarantor, often a principal of the franchisee, provides an additional layer of security for the franchisor.
Prospective Marble Slab Creamery franchisees should carefully review the terms of the general release with legal counsel to understand the full scope of the rights being waived. It is important to note that addenda to the disclosure document for certain states, such as California and Maryland, may void waivers of rights under their respective franchise laws. Therefore, the enforceability and implications of the general release can vary depending on the franchisee's location and the specific provisions of state law.