Does the Marble Slab Creamery franchisee have any input on the Scheduled Opening Date?

According to the 2025 Marble Slab Creamery FDD, the "Scheduled Opening Date" is defined in Section 5.12 of the franchise agreement. While the excerpt does not explicitly detail the contents of Section 5.12 or the process for determining the Scheduled Opening Date, it does state that failure to open the Restaurant in accordance with Sections 5.8 through 5.12 constitutes a default of the Franchise Agreement, potentially leading to termination by Marble Slab Creamery.

This implies that the franchisee is obligated to meet the requirements outlined in these sections, including adhering to the Scheduled Opening Date. However, the document does not clarify whether the franchisee has any input in determining this date or if it is solely determined by Marble Slab Creamery.

A prospective franchisee should inquire with Marble Slab Creamery about the specific procedures detailed in Sections 5.8 through 5.12, and clarify how the Scheduled Opening Date is determined, and to what extent, if any, the franchisee can negotiate or influence this date during the opening process. Understanding this process is crucial for franchisees to avoid default and potential termination of their agreement.