factual

Where can I find the specific details regarding the 'Development Area' for a Marble Slab Creamery franchise?

Marble_Slab_Creamery Franchise · 2025 FDD

Answer from 2025 FDD Document

rks, including food and beverage products, clothing, souvenirs and novelty items, at or through any location or outlet, including grocery stores and convenience stores (including those which may be located within the Development Area), and through any distribution channel, at wholesale or retail, including by means of mail order catalogs, direct mail advertising, Internet marketing and other distribution methods.

  • (b) Protected Rights. If Applicant has selected the "Protected Rights" box in Section 2.1(b)(ii), then subject to the Reserved Rights, during the Term, Franchisor shall not open or operate, nor license any other person or Entity to own or operate, any MARBLE SLAB CREAMERY® Restaurant at any Venue within the Development Area. The term "Reserved Rights" means and includes the exclusive, unrestricted right, in Franchisor's sole discretion, directly and indirectly, through its employees, Affiliates, representatives, licensees, assigns, agents and others to own or operate, and to license others (which may include its Affiliates) to own or operate (i) restaurants under the name "MARBLE SLAB CREAMERY®" and under any other trademarks, trade names, service marks, logotypes, insignias, trade dress and designs at any location outside the Development Area, (ii) restaurants and other facilities under the name "MARBLE SLAB CREAMERY®" and under any other trademarks, trade names, service marks, logotypes, insignias, trade dress and designs at Excluded Venues at any location, and of any type whatsoever, within or outside the Development Area, and regardless of proximity to any Restaurant developed pursuant hereto; (iii) facilities offering catering services and mobile units designed to service special events within and outside the Development Area, (iv) restaurants and other systems operating under names other than "MARBLE SLAB CREAMERY®" and under any other trademarks, trade names, service

marks, logotypes, insignias, trade dress and designs, at any location, and of any type whatsoever, within or outside the Development Area and regardless of their proximity to any Restaurant developed pursuant hereto; and (v) to produce, license, distribute and market "MARBLE SLAB CREAMERY®" brand named products, and products bearing other marks, including food and beverage products, clothing, souvenirs and novelty items, at or through any location or outlet, including grocery stores and convenience stores (including those which may be located within the Development Area), and through any distribution channel, at wholesale or retail, including by means of mail order catalogs, direct mail advertising, Internet marketing and other distribution methods.

3. OPERATOR'S DEVELOPMENT OBLIGATION

3.1 Development Obligation

  • (a) Subject to Section 3.1(c), within each Development Period specified in Exhibit B, Applicant shall construct, equip, open and thereafter continue to operate at, and only at, Venues within the Development Area, not less than the cumulative number of Restaurants required by the Development Obligation for that Development Period.
  • (b) Applicant acknowledges and agrees that it is Applicant's sole responsibility to locate a sufficient number of proposed sites within the Development Area and to submit to Franchisor for acceptance sufficiently in advance of the end of each Development Period to insure that the Development Obligation is met for the applicable Development Period. Without limiting the foregoing, Applicant acknowledges that this will likely require Applicant to locate a number of possible sites substantially in excess of the Development Obligation for the applicable Development Period. Franchisor may not accept, or may reject, certain of such sites, and Applicant may not be able to acquire or lease particular sites or negotiate acceptable lease terms. Applicant agrees that time is of the essence.
  • (c) To the extent that at the end of any Development Period, Applicant shall have failed to construct, equip, open and commence operation of the cumulative number of Restaurants required by the end of that Development Period, then Applicant shall forfeit the right to develop that number of Restaurants which Applicant failed to construct, equip, and open (the "Unopened Restaurants"), and (i) Exhibit B shall automatically be deemed revised, without any action on the part of either party hereto, to reduce, by a number equal to the number of Unopened Restaurants, the cumulative number of Restaurants required at the end of each ensuing Development Period, as well as the total Development Obligation, and (ii) the portion of Applicant's Development Fee which is attributable to such Unopened Restaurant(s) shall be forfeited and the amount of the Development Fee remaining available as a credit pursuant to Section 5 shall be correspondingly adjusted and reduced.

Source: Item 23 — RECEIPT (FDD pages 101–346)

What This Means (2025 FDD)

According to the 2025 Marble Slab Creamery FDD, details regarding the Development Area can be found in several sections, depending on the specific aspect you're interested in. Item 23 discusses the non-exclusive nature of the Development Area unless "Protected Rights" are selected, and it outlines the franchisor's rights within and outside the Development Area. It also mentions that Exhibit B contains information on the Development Period.

Specifically, if an applicant selects the "Non-exclusive" option, Marble Slab Creamery retains the right to operate or franchise other restaurants under the same name or other brands, and to distribute products through various channels, even within the franchisee's Development Area. However, if the "Protected Rights" option is selected, Marble Slab Creamery agrees not to open or license other Marble Slab Creamery restaurants within the Development Area during the term of the agreement, subject to certain reserved rights.

The FDD also defines "Reserved Rights," which include Marble Slab Creamery's right to operate or license restaurants outside the Development Area, at Excluded Venues, or under different brand names, as well as to distribute products through various channels, regardless of the Development Area. The franchisee's development obligations, including the construction and operation of restaurants within the Development Area, are detailed in Section 3.1 and Exhibit B, outlining the number of restaurants required for each Development Period.

Therefore, to fully understand the Development Area for a Marble Slab Creamery franchise, a prospective franchisee should carefully review Section 2.1(b), Section 3.1, Exhibit B, and the definition of "Reserved Rights" within the franchise agreement. Understanding these sections is crucial for assessing the potential for competition and the scope of the franchisee's development obligations.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.