What liability does the Marble Slab Creamery franchisor have 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 the 2025 Marble Slab Creamery FDD, Marble Slab Creamery has very limited liability regarding the Site Analysis that franchisees use to evaluate potential locations. The FDD states that the reliability and accuracy of the Site Analysis have not been validated. Marble Slab Creamery explicitly states it has no liability or responsibility to the franchisee for their use of or reliance upon the Site Analysis. The franchisee agrees not to make any claims against Marble Slab Creamery based on the Site Analysis, even if Marble Slab Creamery later approves or disapproves of the site.
Marble Slab Creamery believes it has taken reasonable steps to evaluate its vendor's approach to site evaluation. However, Marble Slab Creamery offers no assurances that the Site Analysis program is or will be accurate or provide a reliable method for predicting the success or failure of a location. Marble Slab Creamery emphasizes that the Site Analysis tool cannot replace the franchisee's or their real estate professional's judgment.
Marble Slab Creamery strongly recommends that franchisees have all sites reviewed by both the franchisee and a real estate professional before signing a lease or purchasing property. The Site Analysis is provided "as is," and Marble Slab Creamery and its providers make no warranties regarding its accuracy, completeness, or that it will be error-free. They also disclaim all other warranties, express or implied, including those related to performance, merchantability, or fitness for a particular purpose. This means the franchisee bears almost all of the risk related to site selection and the use of the Site Analysis.
In summary, a prospective Marble Slab Creamery franchisee should not rely solely on the Site Analysis provided by Marble Slab Creamery's vendor. They should conduct their own independent investigation and seek advice from qualified professionals before making any decisions about a location. The franchisee must acknowledge that they are using the Site Analysis at their own risk and that Marble Slab Creamery is not responsible for any losses or damages that may result from its use.