Does the Marble Slab Creamery manager have complete responsibility for supervising and managing the operation of the Restaurant, including day-to-day operations, labor management, local marketing and advertising, and food and beverage cost control?
Marble_Slab_Creamery Franchise · 2025 FDDAnswer from 2025 FDD Document
Manager shall have complete responsibility for supervising and managing the operation of the Restaurant, including without limitation, day-to-day operations, labor management, local marketing and advertising, and food and beverage cost control. Manager shall have the sole right to determine operating policy, standards of operation, quality of service and any other matters affecting customer relations or efficient management and operation of the Restaurant. In consultation with Owner, Manager shall prepare a written budget with respect to the Restaurant for each fiscal year, or portion thereof, during the term of this Agreement (the "Budget"). Manager shall use commercially reasonable efforts to perform the Management Services in a manner consistent with the Budget, and will notify Owner if, in its reasonable opinion, Manager expects to take actions that will result in a material adverse variance from the Budget, or if a revised Budget should be prepared. Except for Manager's supervisory staff, who shall be employees of Manager, Manager shall have limited responsibility with respect to the employees operating the Restaurant, all of whom shall be employees of Owner; provided, however, that Manager shall have (1) the sole and exclusive right to train Owner's employees in its discretion; and (2) the right to make recommendations to Owner regarding the selection criteria, hiring, supervision, discipline and discharge of Owner's employees.
Source: Item 23 — RECEIPT (FDD pages 101–346)
What This Means (2025 FDD)
According to the 2025 Marble Slab Creamery Franchise Disclosure Document, the manager may have complete responsibility for supervising and managing the operation of the Restaurant. According to Exhibit A, the manager shall have complete responsibility for supervising and managing the operation of the Restaurant, including without limitation, day-to-day operations, labor management, local marketing and advertising, and food and beverage cost control. The manager shall also have the sole right to determine operating policy, standards of operation, quality of service and any other matters affecting customer relations or efficient management and operation of the Restaurant.
However, the manager's responsibilities regarding employees are limited. While the manager has the sole and exclusive right to train the Owner's employees, the employees operating the Restaurant are employees of the Owner, not the Manager, except for the Manager's supervisory staff, who are employees of the Manager. The manager also has the right to make recommendations to the Owner regarding the selection criteria, hiring, supervision, discipline and discharge of Owner's employees.
The manager is also responsible for preparing a written budget in consultation with the Owner for each fiscal year. The manager should use commercially reasonable efforts to perform the Management Services in a manner consistent with the Budget, and will notify Owner if, in its reasonable opinion, the Manager expects to take actions that will result in a material adverse variance from the Budget, or if a revised Budget should be prepared.