Does the Landlord have to consent to the Marble Slab Creamery franchisee operating a Marble Slab Creamery retail restaurant?
Marble_Slab_Creamery Franchise · 2025 FDDAnswer from 2025 FDD Document
WHEREAS, the Franchise Agreement provides that, as a condition to Company's authorizing Franchisee to enter into the Lease, the parties must execute this Lease Rider;
NOW, THEREFORE, in consideration of the mutual undertakings and commitments set forth in this Rider and in the Franchise Agreement, the receipt and sufficiency of which the parties acknowledge, the parties agree as follows:
During the term of the Franchise Agreement, Franchisee will be permitted to use the Premises for the operation of the Restaurant and for no other purpose.
Subject to applicable zoning laws and deed restrictions, Landlord consents to Franchisee's installation and use of such trademarks, service marks, signs, decor items, color schemes, and related components of the Marble Slab Creamery system as Company may from time to time prescribe for the Restaurant.
Landlord agrees to promptly and timely furnish Company with copies of all letters and notices, including but not limited to notifications relating to extensions, renewals, and pre-emptive expirations, it sends to Franchisee pertaining to the Lease and the Premises.
Company will have the right, but not the obligation, without being guilty of trespass or any other crime or tort, to enter the Premises at any time or from time to time (i) to make any modification or alteration it considers necessary to protect the Marble Slab Creamery system and marks, (ii) to cure any default under the Franchise Agreement or under the Lease, or (iii) to remove the distinctive elements of the Marble Slab Creamery trade dress upon the Franchise Agreement's expiration or termination. Neither Company nor Landlord will be responsible to Franchisee for any damages Franchisee might sustain as a result of action Company takes in accordance with this provision. Company will reasonably repair or reasonably reimburse Landlord for the cost of damage to the Premises' walls, floor or ceiling resulting from Company's removal of trade dress items and other property from the Premises.
Franchisee will be permitted to assign the Lease to Company or its designee, in Company's sole right and discretion, and Landlord consents to such an assignment and agrees not to impose any assignment fee or similar change, or to increase or accelerate rent under the Lease, in connection with such an assignment.
Source: Item 22 — CONTRACTS (FDD page 101)
What This Means (2025 FDD)
According to Marble Slab Creamery's 2025 Franchise Disclosure Document, the Landlord's consent is required for a franchisee to operate a Marble Slab Creamery retail restaurant on the premises. This consent is formalized through a Lease Rider, which is an agreement entered into by Marble Slab Franchising, the franchisee, and the landlord. The Lease Rider stipulates that the franchisee is permitted to use the premises specifically for the operation of the Marble Slab Creamery restaurant and for no other purpose during the term of the Franchise Agreement.
Furthermore, the Landlord's consent extends to the installation and use of Marble Slab Creamery's trademarks, service marks, signs, decor items, color schemes, and related components, subject to zoning laws and deed restrictions. This ensures that the Marble Slab Creamery franchisee can properly brand and operate the restaurant according to the franchisor's standards. The landlord also agrees to provide Marble Slab Creamery with copies of all notices sent to the franchisee regarding the lease, including those related to extensions, renewals, and expirations.
Marble Slab Creamery also retains certain rights, including the right to enter the premises to make modifications to protect the Marble Slab Creamery system and marks, cure defaults, or remove distinctive trade dress elements upon the termination or expiration of the Franchise Agreement. Additionally, the franchisee is permitted to assign the lease to Marble Slab Creamery, and the landlord consents to such an assignment without imposing additional fees or increasing rent. These provisions collectively ensure that the landlord is aware of and consents to the operation of the Marble Slab Creamery restaurant and the franchisor's involvement in the lease and premises.