When must holders re-execute a written guaranty for a Marble Slab Creamery franchise?
Marble_Slab_Creamery Franchise · 2025 FDDAnswer from 2025 FDD Document
| THIS GENERAL RELEASE ("Release") is executed onby |
|---|
| ("Franchisee"), ("Guarantors"), |
| and ("Transferee") as a condition of (1) the transfer of the |
| Marble Slab Creamery Franchise Agreement |
| Franchising, LLC ("MSF") and Franchisee ("Franchise Agreement"); or (2) the execution of a |
| successor Franchise Agreement by Franchisee and MSF. (If this Release is executed under the |
| conditions set forth in (2) above, all references in this Release to "Transferee" should be ignored.) |
Source: Item 23 — RECEIPT (FDD pages 101–346)
What This Means (2025 FDD)
According to the 2025 Marble Slab Creamery Franchise Disclosure Document, a general release must be executed by the franchisee, any guarantors, and any transferee as a condition of either the transfer of the Marble Slab Creamery Franchise Agreement or the execution of a successor Franchise Agreement. If the release is executed due to the execution of a successor Franchise Agreement, all references to "Transferee" in the release should be ignored.
In simpler terms, if you, as a Marble Slab Creamery franchisee, decide to transfer your franchise to someone else, or if you are signing a new franchise agreement to replace an old one, you and anyone who has guaranteed your obligations (guarantors) will need to sign a release. This release essentially clears Marble Slab Creamery of certain liabilities related to the previous agreement or transfer. This requirement ensures that all parties are in agreement and that any potential issues are resolved before the franchise changes hands or a new agreement begins.
This requirement is fairly standard in franchising. It protects Marble Slab Creamery from future claims related to the prior franchise term or transfer. However, franchisees should carefully review the terms of the release with legal counsel to understand exactly what rights they are waiving. The FDD also includes addenda for specific states like California and Maryland that may void certain waiver provisions to protect franchisees' rights under state franchise laws.