Does a Marble Slab Creamery franchisee have exclusive rights for any off-site event?
Marble_Slab_Creamery Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee acknowledges that Franchisee has no exclusive rights for any Off-Site Event, regardless of its proximity to the Accepted Location, and that Franchisor and/or Franchisor's other franchisees may seek and obtain the right to do business at any Off-Site Event instead of Franchisee.
Any business that Franchisee conduct at an Off-Site Event is subject to all applicable provisions of this Agreement.
- 5.26.2 Franchisee may offer and sell products to off-site catering events and company account programs (collectively, "Catering Events"), provided Franchisee delivers (and does not engage a major carrier to deliver) products on the same day that they are made and adhere to any other rules that Franchisor set forth in the Manuals.
Sales may not be made as part of a mail order program.
Source: Item 22 — CONTRACTS (FDD page 101)
What This Means (2025 FDD)
According to Marble Slab Creamery's 2025 Franchise Disclosure Document, franchisees do not have exclusive rights for any off-site events. The document states that Marble Slab Creamery retains the right to grant exclusive rights to others for specific off-site events. This means that while a franchisee may operate temporary outlets at events like fairs and sporting events, Marble Slab Creamery can allow other franchisees or even the franchisor itself to operate at the same or other events, potentially in the same geographic area.
This lack of exclusivity has significant implications for a franchisee's potential revenue streams from off-site events. A franchisee might invest time and resources into securing a spot at an event, only to find that Marble Slab Creamery has granted exclusive rights to another operator. The FDD also specifies that Marble Slab Creamery can impose geographic restrictions on where a franchisee can conduct business at off-site events, further limiting opportunities.
Marble Slab Creamery also reserves the right to designate which types of off-site events are approved or prohibited, and to set standards or policies for these events. Furthermore, franchisees must adhere to rules set forth in the manuals for catering events, including delivering products on the same day they are made. These stipulations highlight the importance of carefully reviewing the Marble Slab Creamery manuals and understanding all restrictions and requirements related to off-site and catering events to ensure compliance and maximize potential revenue.
Prospective franchisees should inquire with Marble Slab Creamery about the criteria used to grant exclusive rights for off-site events and any upcoming events where exclusive rights have already been granted. Understanding these factors can help a franchisee make informed decisions about participating in off-site events and managing their expectations for potential revenue from these activities.