Is Marble Slab Creamery franchise registration effective, exempt, or not registered in California?
Marble_Slab_Creamery Franchise · 2025 FDDAnswer from 2025 FDD Document
ADDENDUM TO MARBLE SLAB FRANCHISING, LLC DISCLOSURE DOCUMENT FOR THE STATE OF CALIFORNIA
THE CALIFORNIA FRANCHISE INVESTMENT LAW REQUIRES THAT A COPY OF ALL PROPOSED AGREEMENTS RELATING TO THE SALE OF THE FRANCHISE BE DELIVERED TOGETHER WITH THE DISCLOSURE DOCUMENT.
Item 17, "Renewal, Termination, Transfer and Dispute Resolution," shall be amended by the addition of the following:
California Business and Professions Code Sections 20000 through 20043 provide rights to the franchisee concerning transfer, termination or non-renewal of a franchise. If the Franchise Agreement contains a provision that is inconsistent with the law, the law will control.
The Franchise Agreement provides for termination upon bankruptcy. This provision may not be enforceable under federal bankruptcy law (11 U.S.C.A. Sec. 101 et seq.).
The Franchise Agreement contains a covenant not to compete which extends beyond the termination of the franchise. This provision may not be enforceable under California law.
YOU MUST SIGN A GENERAL RELEASE IF YOU RENEW OR TRANSFER YOUR FRANCHISE. CALIFORNIA CORPORATIONS CODE SECTION 31512 VOIDS A WAIVER OF YOUR RIGHTS UNDER THE FRANCHISE INVESTMENT LAW (CALIFORNIA CORPORATIONS CODE SECTIONS 31000 THROUGH 31505). BUSINESS AND PROFESSIONS CODE SECTION 20010 VOIDS A WAIVER OF YOUR RIGHTS UNDER THE FRANCHISE RELATIONS ACT (BUSINESS AND PROFESSIONS CODE SECTIONS 20000 THROUGH 20043).
Neither Marble Slab Franchising, LLC, nor any person in Item 2 of the disclosure document is subject to any currently effective order of any national securities association or national securities exchange, as defined in the Securities Exchange Act of 1934, 15 U.S.C.A. 78a et seq., suspending or expelling these persons from membership in this association or exchange.
SECTION 31125 OF THE FRANCHISE INVESTMENT LAW REQUIRES US TO GIVE TO YOU A DISCLOSURE DOCUMENT APPROVED BY THE COMMISSIONER OF DEPARTMENT OF FINANCIAL PROTECTION AND INNOVATION BEFORE WE ASK YOU TO CONSIDER A MATERIAL MODIFICATION OF YOUR FRANCHISE AGREEMENT.
OUR WEB SITE HAS NOT BEEN REVIEWED OR APPROVED BY THE CALIFORNIA DEPARTMENT OF DEPARTMENT OF FINANCIAL PROTECTION AND INNOVATION. ANY COMPLAINTS CONCERNING THE CONTENT OF THIS WEB SITE MAY BE DIRECTED TO THE CALIFORNIA DEPARTMENT OF DEPARTMENT OF FINANCIAL PROTECTION AND INNOVATION at www.dfpi.ca.gov.
Source: Item 23 — RECEIPT (FDD pages 101–346)
What This Means (2025 FDD)
According to the 2025 Marble Slab Creamery FDD, the document includes an addendum specific to the state of California, indicating that the franchise is subject to California franchise laws. The addendum states that the California Franchise Investment Law requires that a copy of all proposed agreements relating to the sale of the franchise be delivered together with the disclosure document. Additionally, Section 31125 of the Franchise Investment Law requires Marble Slab Creamery to provide a disclosure document approved by the Commissioner of Department of Financial Protection and Innovation before asking a franchisee to consider a material modification of their franchise agreement.
This suggests that Marble Slab Creamery's franchise offering is registered or otherwise in compliance with California's franchise regulations. The FDD also clarifies certain rights afforded to franchisees under California Business and Professions Code Sections 20000 through 20043 concerning transfer, termination, or non-renewal of a franchise, noting that California law will take precedence if the Franchise Agreement contains conflicting provisions. Furthermore, franchisees must sign a general release if they renew or transfer their franchise, but California Corporations Code Section 31512 voids any waiver of rights under the Franchise Investment Law.
Moreover, the FDD explicitly states that Marble Slab Creamery's website has not been reviewed or approved by the California Department of Financial Protection and Innovation, directing any complaints about the website's content to the agency's website. This reinforces the importance of relying on the FDD and consulting with legal counsel to understand a franchisee's rights and obligations under California law, rather than depending on the franchisor's website for information. The inclusion of these specific disclosures for California franchisees indicates that Marble Slab Creamery has taken steps to comply with California franchise regulations.