What kind of warranty does Marble Slab Creamery provide regarding the Site Analysis?
Marble_Slab_Creamery Franchise · 2025 FDDAnswer from 2025 FDD Document
(ii) Applicant understands the reliability and/or accuracy of the Site Analysis has not been validated and Franchisor (and its Affiliates) shall have no liability or responsibility to Applicant by reason of Applicant's use or reliance upon the Site Analysis, and Applicant shall not assert any claim or demand against Franchisor (or its Affiliates) and shall hold them harmless on account of Applicant's use of the Site Analysis (regardless of any subsequent approval or disapproval by Franchisor of any site proposed by Applicant after having used the Site Analysis).
(iii) Although Franchisor believes it has taken prudent and reasonable steps to evaluate its designated vendor's theories and approach to site evaluation and the reliability and/or accuracy of the Site Analysis, there are no assurances now or in the future that the program is or will be accurate and/or will provide a reliable methodology for gauging the potential success or failure of any particular site or restaurant.
(iv) Further, it is Franchisor's belief that no site evaluation tool, including the Site Analysis, can replace the human judgment of Applicant or their real estate professional.
Franchisor strongly recommends that all sites be reviewed by Applicant and an appropriate real estate professional prior to the execution of a lease or purchase of a real estate location.
- (v) ALL USE BY APPLICANT OF THE SITE ANALYSIS IS PROVIDED "AS IS" AND FRANCHISOR (AND ITS AFFILIATES) AND THEIR PROVIDERS MAKE NO WARRANTY (1) AS TO ITS ACCURACY OR COMPLETENESS, (2) AS TO APPLICANT'S RESULTS, OR (3) THAT THE SITE ANALYSIS WILL BE ERROR FREE, OR ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY AS TO PERFORMANCE, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
Source: Item 23 — RECEIPT (FDD pages 101–346)
What This Means (2025 FDD)
According to Marble Slab Creamery's 2025 Franchise Disclosure Document, the use of their Site Analysis tool is provided "AS IS" and comes with no explicit or implied warranties. Marble Slab Creamery and its affiliates do not guarantee the accuracy or completeness of the Site Analysis, the results a franchisee might achieve, or that the Site Analysis will be error-free. Specifically, there is no warranty as to performance, merchantability, or fitness for any particular purpose.
This means a prospective Marble Slab Creamery franchisee cannot hold the franchisor liable for any inaccuracies or unreliability of the Site Analysis, even if the franchisor approves a site selected using the tool. The franchisee bears the full risk of relying on the Site Analysis in their site selection process. Marble Slab Creamery emphasizes that the Site Analysis should not replace the franchisee's or their real estate professional's judgment.
Given the lack of warranty, it is crucial for franchisees to conduct their own thorough due diligence, including independent market research and expert consultation, before committing to a location. While Marble Slab Creamery believes they have taken reasonable steps to evaluate the vendor and the Site Analysis, they offer no assurances about its accuracy or reliability in predicting the success or failure of a location. The franchisee must understand that the ultimate responsibility for site selection rests with them.