What is the Marble Slab Creamery franchisee's obligation regarding the restaurant's readiness for pre-opening training?
Marble_Slab_Creamery Franchise · 2025 FDDAnswer from 2025 FDD Document
- 5.12 Franchisee shall notify Franchisor, at least 60 days in advance, of the projected date by which all construction or remodeling shall be completed in accordance with Franchisor's specifications and all final health, fire, occupancy and other permits required for the occupancy and operation of the Restaurant shall have been obtained and Franchisee shall have fully prepared the Restaurant for pre-opening training in accordance with Franchisor's policies and specifications.
Franchisor will then contact Franchisee to establish a scheduled opening date (the "Scheduled Opening Date"), which shall be subject to Franchisor's scheduling needs and availability of personnel, and which will be set at least 30 days in advance (unless otherwise mutually agreed).
- 5.12.1 During the period between 60 and 30 days preceding the Scheduled Opening Date, Franchisee shall prepare and submit a proposed store opening and staffing plan in the form and
manner required in the Manuals ("Opening Plan"), and shall complete by not later than 30 days prior to the Scheduled Opening Date such final modifications to such plan as Franchisor may require after consultation with Franchisee. Not later than 15 days prior to the Scheduled Opening Date, Franchisee shall have hired and payroll shall have commenced for the Operating Partner, Manager and all assistant managers and shift leaders of the Restaurant as contemplated by the final Opening Plan.
- 5.12.2 If, following establishment of the Scheduled Opening Date, the Scheduled Opening Date must be changed, for any reason, Franchisee shall promptly notify Franchisor of said change, and Franchisee shall reimburse Franchisor for all of its additional travel expenses and wages resulting from changing the travel arrangements of Franchisor's representatives scheduled to provide training to Franchisee, the estimated amount of which shall be payable in advance, before Franchisor's representatives travel to Franchisee's Accepted Location and before the Restaurant opens to the public.
Source: Item 22 — CONTRACTS (FDD page 101)
What This Means (2025 FDD)
According to the 2025 Marble Slab Creamery FDD, the franchisee is responsible for ensuring the restaurant is fully prepared for pre-opening training. Specifically, the franchisee must notify Marble Slab Creamery at least 60 days in advance of the projected completion date for all construction or remodeling. This notification must confirm that the restaurant meets Marble Slab Creamery's specifications and that all necessary health, fire, occupancy, and other permits are secured for operation. The franchisee's notification confirms the restaurant is ready for pre-opening training according to Marble Slab Creamery's policies.
Following this notification, Marble Slab Creamery will contact the franchisee to schedule the opening date, considering personnel availability. This date will be set at least 30 days in advance, unless both parties agree otherwise. Between 60 and 30 days before the scheduled opening, the franchisee must submit a proposed store opening and staffing plan that conforms to the standards outlined in the Marble Slab Creamery manuals. The franchisee must finalize any modifications to this plan requested by Marble Slab Creamery no later than 30 days before the scheduled opening.
Furthermore, the franchisee is obligated to have hired and started payroll for the operating partner, manager, assistant managers, and shift leaders at least 15 days before the scheduled opening date, as detailed in the final opening plan. If the scheduled opening date changes for any reason, the franchisee must promptly inform Marble Slab Creamery and reimburse them for any additional travel expenses and wages incurred due to changes in travel arrangements for Marble Slab Creamery's representatives. This reimbursement, estimated by Marble Slab Creamery, is payable in advance before the representatives travel to the location and before the restaurant opens to the public. These measures ensure that the Marble Slab Creamery restaurant is fully prepared and staffed before commencing operations, aligning with Marble Slab Creamery's standards and procedures.