Can a Marble Slab Creamery franchisee use the Proprietary Marks or the System at any location other than the Site?
Marble_Slab_Creamery Franchise · 2025 FDDAnswer from 2025 FDD Document
| "Franchisee": | |||||
|---|---|---|---|---|---|
| "Site Selection Area": | |||||
| "Accepted Location": | |||||
| "Effective Date": | , 202 | "Initial Fee": | $ | ||
| "Initial Operating Partner": | |||||
| "NAF Percentage": 2% | "Royalty Rate": | 6% | "Local Advertising Percentage": 2% | ||
| "First Renewal Term": | 10 years | "Second Renewal Term": | 10 years | ||
| Type of Store | ☐ Traditional Store | ☐ Non-Traditional Store | |||
| Branding on Store | ☐ Marble Slab Creamery Store Only | ☐ Co-Brand Store | |||
| Approved | |||||
| Co-Brand | |||||
| Licensor(s) |
- 1.2 Franchisor hereby grants to Franchisee, upon the terms and conditions herein contained, the right and license, and Franchisee undertakes the obligation, to operate one Restaurant of the kind specified in Section 1.1 and to use solely in connection therewith the Proprietary Marks and the System, as they may be changed, improved, and further developed from time to time, only at the Accepted Location. The Restaurant developed and operated hereunder, unless it is a Co-Brand Store, shall be devoted exclusively to the business operated under the Proprietary Marks.
Source: Item 22 — CONTRACTS (FDD page 101)
What This Means (2025 FDD)
According to the 2025 Marble Slab Creamery Franchise Disclosure Document, franchisees are generally restricted from using the Proprietary Marks and the System outside of their designated location. Specifically, the franchise agreement grants the franchisee the right to operate one restaurant and use the Proprietary Marks and the System solely in connection with that restaurant at the Accepted Location.
Marble Slab Creamery franchisees are prohibited from using the Proprietary Marks or the System at any location other than the Accepted Location, except as expressly provided in Section 5.25 of the franchise agreement. They also cannot use the Proprietary Marks or the System in any wholesale, e-commerce, or other channel of distribution besides the retail operation of the Restaurant at the Accepted Location. This restriction ensures that the brand and system are consistently applied and controlled, maintaining uniformity across all franchise locations.
This limitation has significant implications for potential Marble Slab Creamery franchisees. It means they cannot leverage the brand's recognition or operational system for any other business ventures or locations without explicit authorization from the franchisor. Franchisees need to be aware that their rights to use the Marble Slab Creamery brand and system are strictly tied to the physical location specified in their franchise agreement. Any expansion or diversification efforts would require separate agreements and approvals from Marble Slab Creamery.