How many consecutive days of closure constitute abandonment for a Marble Slab Creamery franchise?
Marble_Slab_Creamery Franchise · 2025 FDDAnswer from 2025 FDD Document
For purposes of this Agreement, "abandon" shall refer to (i) Franchisee's failure, at any time during the Term, to keep the Restaurant open and operating for business for a period of 5 consecutive days, except as provided in the Manual, (ii) Franchisee's failure to keep the Restaurant open and operating for any period after which it is not unreasonable under the facts and circumstances for Franchisor to conclude that Franchisee does not intend to continue to operate the Restaurant at the Location, unless such failure to operate is due to Force Majeure (subject to Franchisee's continuing compliance with this Agreement), (iii) failure to actively and continuously maintain and answer the telephone listed by Franchisee for the Restaurant solely with the "MARBLE SLAB CREAMERY" name; (iv) the loss of possession of the Accepted Location; or (v) closing of the Restaurant required by Applicable Law if such closing was not the result of a violation of this Agreement by Franchisor.
Notwithstanding the foregoing, if any "abandonment" results from a Governmental Authority's exercise of the power of eminent domain, or if, through no fault of Franchisee, the premises are damaged or destroyed, then Franchisee will have 30 days after
either such event in which to apply for Franchisor's approval to relocate or reconstruct the premises, which approval will not be unreasonably withheld.
Source: Item 22 — CONTRACTS (FDD page 101)
What This Means (2025 FDD)
According to the 2025 Marble Slab Creamery Franchise Disclosure Document, a franchisee is considered to have abandoned their restaurant if they fail to keep it open and operating for business for a period of 5 consecutive days. This abandonment clause applies at any time during the term of the franchise agreement.
However, there are exceptions to this rule. The failure to operate must not be due to what the agreement defines as a Force Majeure, and the franchisee must still be in compliance with the agreement. A Force Majeure event is an extraordinary event or circumstance beyond the control of the parties, such as a war, strike, riot, crime, or an event described by the legal term act of God (as defined in common law).
Additionally, if the closure results from a governmental authority's exercise of eminent domain or if the premises are damaged or destroyed through no fault of the franchisee, the franchisee has 30 days to apply for Marble Slab Creamery's approval to relocate or reconstruct the premises. This approval will not be unreasonably withheld by Marble Slab Creamery.