What happens if Marble Slab Creamery pays amounts on behalf of the franchisee?
Marble_Slab_Creamery Franchise · 2025 FDDAnswer from 2025 FDD Document
er in connection with such other business or the promotion thereof, which is likely to cause confusion, mistake, or deception, or which is likely to dilute Franchisor's rights in and to the Proprietary Marks, and further agrees not to utilize any designation of origin or description
or representation which falsely suggests or represents an association or connection with Franchisor constituting unfair competition.
- 14.6 Franchisee will promptly pay all sums owing to Franchisor and its Affiliates. In the event of termination for any default of Franchisee, such sums will include all damages, costs, and expenses, including reasonable attorneys' fees, incurred by Franchisor as a result of the default.
- 14.7 Franchisee will pay to Franchisor all damages, costs, and expenses, including reasonable attorneys' fees, incurred by Franchisor subsequent to the termination or expiration of this Agreement in obtaining injunctive or other relief for the enforcement of any provisions of this Section 14.
Source: Item 22 — CONTRACTS (FDD page 101)
What This Means (2025 FDD)
Based on the 2025 Franchise Disclosure Document, Marble Slab Creamery franchisees are responsible for promptly paying all sums owed to the franchisor and its affiliates. If the franchise agreement is terminated due to the franchisee's default, the franchisee is liable for all damages, costs, and expenses, including reasonable attorneys' fees, incurred by Marble Slab Creamery as a result of the default.
Additionally, if a Marble Slab Creamery franchisee fails or refuses to make necessary modifications or alterations to the premises after the termination or expiration of the agreement to distinguish it from other Marble Slab Creamery restaurants, the franchisor has the right to enter the premises and make those changes at the franchisee's expense. The franchisee agrees to pay these expenses upon demand.
Furthermore, in situations where Marble Slab Creamery has the right to enter the premises to protect its system and marks, cure any default under the franchise agreement or lease, or remove distinctive elements of the trade dress upon expiration or termination of the agreement, the franchisor is not responsible to the franchisee for any damages the franchisee might sustain as a result of these actions. However, Marble Slab Creamery will reasonably repair or reimburse the landlord for the cost of damage to the premises resulting from the removal of trade dress items and other property.