Can a Marble Slab Creamery franchisee relocate the restaurant without the franchisor's consent?
Marble_Slab_Creamery Franchise · 2025 FDDAnswer from 2025 FDD Document
e a Satellite in the same shopping center, mall, or venue, Franchisee's existing Traditional Restaurant may supply the Satellite with products. If Franchisee do not enter into a Satellite Addendum, Franchisee do not have any rights to operate any Satellites in addition to Franchisee's Restaurant at the Accepted Location.
- 5.27 Franchisee may not relocate the Restaurant without Franchisor's prior written consent, which may be granted or withheld in Franchisor's discretion and may be subject to such conditions as Franchisor may require, including (i) the new location for the Restaurant premises being satisfactory to Franchisor, (ii) Franchisee's lease, if any, for the new location complies with Franchisor's thencurrent requirements, (iii) Franchisee complies with Franchisor's then-current requirements for constructing and furnishing the new location, (iv) the new location will not, as determined in Franchisor's sole discretion, materially and adversely affect any other Marble Slab Creamery restaurant, (v) the relocated Restaurant must be open and operating within 120 days from the closure of the original restaurant, (vi) Franchisee has fully performed and complied with each provision of this
Agreement within the last three years prior to, and as of, the date Franchisor consents to such relocation (the "Relocation Request Date"), (vii) no event of default, or event which with the giving of notice and/or passage of time would constitute an event of default, exists as of the Relocation Request Date, and (viii) Franchisee pays Franchisor a relocation fee
Source: Item 22 — CONTRACTS (FDD page 101)
What This Means (2025 FDD)
According to the 2025 Marble Slab Creamery Franchise Disclosure Document, a franchisee cannot relocate their restaurant without obtaining prior written consent from the franchisor. This consent can be granted or withheld at Marble Slab Creamery's discretion and may be subject to specific conditions.
These conditions include ensuring the new location is satisfactory to Marble Slab Creamery, and that the lease for the new location complies with their current requirements. The franchisee must also meet Marble Slab Creamery's standards for constructing and furnishing the new location. Furthermore, the new location must not negatively impact any other Marble Slab Creamery restaurant, as determined by the franchisor.
The relocated Marble Slab Creamery restaurant must be open and operating within 120 days from the closure of the original restaurant. Additionally, the franchisee must have fully performed and complied with all provisions of the franchise agreement. The franchisee is also required to pay Marble Slab Creamery a relocation fee of $2,000. Failure to meet any of these requirements, including reopening within the 120-day timeframe, can result in the termination of the franchise agreement, even if relocation approval was initially granted.