Is a Marble Slab Creamery franchisee allowed to copy the Manual?
Marble_Slab_Creamery Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee's behalf any obligation or duty that Franchisee is required to, but fail to, perform under this Agreement. Franchisee must reimburse Franchisor upon demand for all costs and expenses that Franchisor reasonably incurs in performing any such obligation or duty, and Franchisee will pay to Franchisor interest on the amount of such costs and expenses.
14. OBLIGATIONS UPON TERMINATION OR EXPIRATION
Upon termination or expiration of this Agreement, all rights granted hereunder to Franchisee will forthwith terminate, and:
- 14.1 Franchisee will immediately cease to operate the business franchised under this Agreement, and will not thereafter, directly or indirectly, represent to the public or hold itself out as a present or former franchisee of Franchisor.
- 14.2 Franchisee will immediately and permanently cease to use, in any manner whatsoever, any confidential methods, procedures and techniques associated with the System; the Proprietary Mark "MARBLE SLAB CREAMERY"; and all other Proprietary Marks and distinctive forms, slogans, signs, symbols, and devices associated with the System; provided that the foregoing will not apply to with respect to the continued operation by Franchisee of any other "MARBLE SLAB CREAMERY" Restaurant pursuant to another validly subsisting franchise agreement with Franchisor. In particular, Franchisee will cease to use, without limitation, all signs, advertising materials, displays, stationery, forms, menu items and any other articles which display the Proprietary Marks, and Franchisee hereby appoints Franchisor as Franchisee's attorney in fact to do so in the event that Franchisee fails or refuses to do so for any reason; this power of attorney granted by Franchisee to Franchisor and such designee is a special power of attorney coupled with an interest and is irrevocable and shall survive the death or disability of Franchisee. In addition, Franchisor will have the right to enter upon the premises where the Restaurant was conducted, without being guilty of trespass or any other tort, for the purpose of removing any or all signs, advertising materials, displays, menus and any other articles which bear the Proprietary Marks.
- 14.3 Franchisee will take such action as may be necessary to cancel any assumed name or equivalent registration which contains the mark "MARBLE SLAB CREAMERY" or any other service mark or trademark of Franchisor, and Franchisee will furnish Franchisor with evidence satisfactory to Franchisor of compliance with this obligation within 30 days after termination or expiration of this Agreement.
- 14.4 Franchisee will, at Franchisor's option, assign to Franchisor any interest which Franchisee has in any lease or sublease for the premises of the Restaurant. In the event Franchisor does not elect to exercise its option to acquire the lease or sublease for the premises of the Restaurant, Franchisee will make such modifications or alterations to the premises operated hereunder immediately upon termination or expiration of this Agreement as may be necessary to distinguish the appearance of said premises from that of other Marble Slab Creamery restaurants, and will make such specific additional changes thereto as Franchisor may reasonably request for that purpose.
Source: Item 22 — CONTRACTS (FDD page 101)
What This Means (2025 FDD)
Based on the 2025 Franchise Disclosure Document, Marble Slab Creamery franchisees are not explicitly permitted to copy the manual. However, upon termination or expiration of the franchise agreement, the franchisee must immediately and permanently cease to use any confidential methods, procedures, and techniques associated with the Marble Slab Creamery system. This includes all proprietary marks, distinctive forms, slogans, signs, symbols, and devices.
Specifically, the franchisee must stop using all signs, advertising materials, displays, stationery, forms, menu items, and any other articles displaying the proprietary marks. Marble Slab Creamery retains the right to enter the premises to remove these items if the franchisee fails to do so. The franchisee also needs to cancel any assumed name registrations containing "MARBLE SLAB CREAMERY" or any other service mark or trademark of the franchisor and provide evidence of compliance within 30 days of termination or expiration.
Furthermore, if a franchisee continues to operate another business after the termination of the Marble Slab Creamery franchise, they are prohibited from using any reproduction, counterfeit, copy, or colorable imitation of the proprietary marks. This restriction aims to prevent confusion, mistake, or deception and to protect Marble Slab Creamery's rights to its proprietary marks, ensuring fair competition.