Can Marble Slab Creamery impose geographic restrictions on the Off-Site Events at which a Marble Slab Creamery franchisee can do business?
Marble_Slab_Creamery Franchise · 2025 FDDAnswer from 2025 FDD Document
If you are in full compliance with the Franchise Agreement, and subject to the terms of the Franchise Agreement, you may operate temporary outlets for short-term periods at special events away from the site, such as fairs, sporting events, conventions, etc. ("Off-Site Events"). We reserve the right: (i) to designate specific types of Off-Site Events as approved or prohibited from time to time in the Manual; (ii) to grant exclusive rights to others for specific Off-Site Events; (iii) to impose geographic restrictions on the Off-Site Events at which you can do business; (iv) to impose restrictions on the types of products and services you can offer at Off-Site Events; and (v) to set other standards or policies for Off-Site Events that you must follow. You agree that you have no exclusive rights for any Off-Site Event, regardless of its proximity to your site, and that we and/or our other franchisees may seek and obtain the right to do business at any Off-Site Event instead of you.
Source: Item 12 — TERRITORY (FDD pages 62–68)
What This Means (2025 FDD)
According to the 2025 Marble Slab Creamery FDD, Marble Slab Creamery retains the right to impose geographic restrictions on where franchisees can conduct business at Off-Site Events. Off-Site Events are defined as temporary outlets at special events away from the franchisee's primary location, such as fairs, sporting events, and conventions. This means Marble Slab Creamery can limit the geographic area in which a franchisee can operate a temporary Marble Slab Creamery outlet at these events.
Marble Slab Creamery also reserves the right to designate specific types of Off-Site Events as either approved or prohibited, grant exclusive rights to other franchisees for specific Off-Site Events, impose restrictions on the types of products and services offered at these events, and set other standards or policies that franchisees must follow. A franchisee does not have exclusive rights to any Off-Site Event, regardless of its proximity to their location, and Marble Slab Creamery or other franchisees may seek the right to operate at any Off-Site Event instead.
This policy gives Marble Slab Creamery significant control over where and how franchisees can operate temporary outlets. Prospective franchisees should consider these restrictions and policies when evaluating the potential revenue from Off-Site Events and how it fits into their overall business plan. It is important to understand the specific geographic restrictions and other limitations Marble Slab Creamery might impose to accurately assess the opportunity.