Does Marble Slab Creamery guarantee a franchisee's lease?
Marble_Slab_Creamery Franchise · 2025 FDDAnswer from 2025 FDD Document
| THIS LEASE RIDER is entered into this day of, 20 by | ||
|---|---|---|
| and between Marble Slab Franchising, LLC ("Company"), | ||
| ("Franchisee"), and ("Landlord"). | ||
| , 20 (the "Franchise Agreement"); and | WHEREAS, Company and Franchisee are parties to a Franchise Agreement dated | |
| Creamery retail restaurant ("Restaurant") at a location that Franchisee selects and Company accepts; | WHEREAS, the Franchise Agreement provides that Franchisee will operate a Marble Slab | |
| and | ||
| attached (the "Lease"), pursuant to which Franchisee will occupy premises located at | WHEREAS, Franchisee and Landlord propose to enter into the lease to which this Rider is | |
| (the "Premises") for the purpose of constructing and operating the Restaurant in accordance with | ||
| the Franchise Agreement; and |
WHEREAS, the Franchise Agreement provides that, as a condition to Company's authorizing Franchisee to enter into the Lease, the parties must execute this Lease Rider;
NOW, THEREFORE, in consideration of the mutual undertakings and commitments set forth in this Rider and in the Franchise Agreement, the receipt and sufficiency of which the parties acknowledge, the parties agree as follows:
During the term of the Franchise Agreement, Franchisee will be permitted to use the Premises for the operation of the Restaurant and for no other purpose.
Subject to applicable zoning laws and deed restrictions, Landlord consents to Franchisee's installation and use of such trademarks, service marks, signs, decor items, color schemes, and related components of the Marble Slab Creamery system as Company may from time to time prescribe for the Restaurant.
Landlord agrees to promptly and timely furnish Company with copies of all letters and notices, including but not limited to notifications relating to extensions, renewals, and pre-emptive expirations, it sends to Franchisee pertaining to the Lease and the Premises.
Company will have the right, but not the obligation, without being guilty of trespass or any other crime or tort, to enter the Premises at any time or from time to time (i) to make any modification or alteration it considers necessary to protect the Marble Slab Creamery system and marks, (ii) to cure any default under the Franchise Agreement or under the Lease, or (iii) to remove the distinctive elements of the Marble Slab Creamery trade dress upon the Franchise Agreement's expiration or termination.
Source: Item 10 — FINANCING (FDD pages 52–53)
What This Means (2025 FDD)
Based on the 2025 Franchise Disclosure Document, Marble Slab Creamery does not guarantee a franchisee's lease. However, the FDD outlines certain rights and obligations of Marble Slab Creamery, the franchisee, and the landlord concerning the lease agreement.
The Lease Rider specifies that the franchisee is permitted to use the premises for operating the Marble Slab Creamery restaurant. The landlord consents to the franchisee's use of Marble Slab Creamery's trademarks and decor. The landlord must also provide Marble Slab Creamery with copies of all notices sent to the franchisee regarding the lease, including renewals and expirations.
Marble Slab Creamery has the right, but not the obligation, to enter the premises to protect its system and marks, cure defaults, or remove trade dress elements upon termination of the franchise agreement. The franchisee can assign the lease to Marble Slab Creamery, and the landlord agrees to this without fees or rent increases. Upon termination or expiration of the franchise agreement, the franchisee may be required to assign their interest in the lease to Marble Slab Creamery at Marble Slab Creamery's option.