Will Marble Slab Creamery own or lease the premises for a franchisee's Restaurant?
Marble_Slab_Creamery Franchise · 2025 FDDAnswer from 2025 FDD Document
- (b). Once you have located a potential site, you must submit to us for our review a real estate site evaluation package, including demographic and other information regarding the proposed site and neighboring areas. After receiving the real estate site evaluation package, we will review the information to determine whether the proposed site is acceptable. If we have not notified you within 30 days of receiving the information (or 10 days if we request additional information) that the site is accepted, then such site will be deemed rejected. If we accept the site, we will notify you of our acceptance, which will be conditioned on you entering into a final lease or purchase agreement
(and any other conditions we may impose). You are solely responsible for locating and selecting a suitable site for the Restaurant. You will be the tenant under your lease. We will not own or lease the premises for you. We will conduct an on-site evaluation if we consider it necessary and appropriate as part of our evaluation of your submittal package. If we determine that on-site evaluation is necessary and appropriate (on our own initiative), we will provide the evaluations (up to 2 days unless we agree otherwise) at our own expense, although we reserve the right to charge you an additional fee for this service.
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS AND TRAINING (FDD pages 53–62)
What This Means (2025 FDD)
According to Marble Slab Creamery's 2025 Franchise Disclosure Document, the franchisee is responsible for securing the location for their restaurant. Marble Slab Creamery will not own or lease the premises for the franchisee. The franchisee is considered the tenant under the lease agreement.
The FDD outlines a process where the franchisee is responsible for locating and selecting a suitable site, with Marble Slab Creamery providing guidance and approval. Franchisees may be required to use a real estate broker designated or approved by Marble Slab Creamery to assist in finding a location and negotiating the lease or purchase. Before making any binding commitments, Marble Slab Creamery must provide written approval of the proposed lease or purchase agreement.
Marble Slab Creamery will review the proposed lease or real estate purchase agreement to ensure it meets their minimum standards and specifications. The franchisee may be required to reimburse Marble Slab Creamery up to $2,500 for this review. However, the FDD clarifies that Marble Slab Creamery's acceptance of the lease should not be interpreted as a warranty of compliance with applicable law or fairness of the transaction.