Is a Marble Slab Creamery franchisee allowed to make an assignment to a public entity?
Marble_Slab_Creamery Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee will be permitted to assign the Lease to Company or its designee, in Company's sole right and discretion, and Landlord consents to such an assignment and agrees not to impose any assignment fee or similar change, or to increase or accelerate rent under the Lease, in connection with such an assignment.
Franchisee may not assign the Lease or sublet the Premises without Company's prior written consent, and Landlord will not consent to an assignment or subletting by Franchisee without first verifying that Company has given its written consent to Franchisee's proposed assignment or subletting.
Source: Item 22 — CONTRACTS (FDD page 101)
What This Means (2025 FDD)
Based on the 2025 Franchise Disclosure Document, the Marble Slab Creamery franchise agreement outlines specific conditions regarding the assignment of the lease for the premises. The franchisee is permitted to assign the lease to Marble Slab Franchising, LLC (referred to as "Company" in the document) or its designee, with the landlord's consent. The landlord agrees not to impose any assignment fees or increase rent in connection with this type of assignment.
However, the franchisee is explicitly restricted from assigning the lease or subletting the premises to any other party without the prior written consent of Marble Slab Creamery. The landlord must verify that Marble Slab Creamery has given its written consent before agreeing to any proposed assignment or subletting by the franchisee.
The FDD excerpts do not specifically address whether a franchisee can assign the lease to a public entity. Therefore, it is essential for a prospective franchisee to seek clarification from Marble Slab Creamery regarding the possibility and conditions of assigning the lease to a public entity, as this is not explicitly covered in the provided documentation.