If Marble Slab Creamery does not acquire the lease, what modifications must the franchisee make to the premises?
Marble_Slab_Creamery Franchise · 2025 FDDAnswer from 2025 FDD Document
In the event Franchisor does not elect to exercise its option to acquire the lease or sublease for the premises of the Restaurant, Franchisee will make such modifications or alterations to the premises operated hereunder immediately upon termination or expiration of this Agreement as may be necessary to distinguish the appearance of said premises from that of other Marble Slab Creamery restaurants, and will make such specific additional changes thereto as Franchisor may reasonably request for that purpose.
In the event Franchisee fails or refuses to comply with the requirements of this Section 14.4, Franchisor will have the right to enter upon the premises where the Restaurant was conducted, without being guilty of trespass or any other tort, for the purpose of making or causing to be made such changes as may be required, at the expense of Franchisee, which expense Franchisee agrees to pay upon demand.
Source: Item 22 — CONTRACTS (FDD page 101)
What This Means (2025 FDD)
According to Marble Slab Creamery's 2025 Franchise Disclosure Document, if Marble Slab Creamery does not elect to acquire the lease or sublease for the restaurant premises, the franchisee is obligated to make specific modifications or alterations to the premises immediately upon the termination or expiration of the franchise agreement. These changes are necessary to differentiate the appearance of the location from other Marble Slab Creamery restaurants.
The franchisee must also make any additional changes that Marble Slab Creamery reasonably requests for this purpose. This ensures that the public will not confuse the terminated franchise with an active Marble Slab Creamery location and protects the brand's image and trademarks.
If the franchisee fails or refuses to make these required modifications, Marble Slab Creamery has the right to enter the premises and make the changes themselves. The franchisee will be responsible for covering all expenses incurred by Marble Slab Creamery in making these modifications. This provision ensures that Marble Slab Creamery can enforce the necessary changes to protect its brand identity even after a franchise agreement ends.