factual

What is the meaning of 'Accepted Location' in the Marble Slab Creamery franchise agreement?

Marble_Slab_Creamery Franchise · 2025 FDD

Answer from 2025 FDD Document

  • 6.1.2 Franchisee will use the Proprietary Marks only for the operation of the Restaurant and only at the Accepted Location or in advertising for the business conducted at or from the Accepted Location.

Unless otherwise authorized or required by Franchisor, Franchisee will not use the Proprietary Marks in connection with the operation of an Internet website or in connection with any advertising on an Internet website.

Source: Item 22 — CONTRACTS (FDD page 101)

What This Means (2025 FDD)

According to the 2025 Marble Slab Creamery Franchise Disclosure Document, the 'Accepted Location' refers to the specific physical site where the franchisee is authorized to operate their Marble Slab Creamery restaurant. This location is selected by the franchisee but must be approved by Marble Slab Creamery. The franchisee's rights to use Marble Slab Creamery's proprietary marks, operate the restaurant, and conduct advertising are generally limited to this Accepted Location.

The franchise agreement specifies that the franchisee can only use Marble Slab Creamery's proprietary marks for the operation of the restaurant and advertising related to the business conducted at or from the Accepted Location. Unless authorized by Marble Slab Creamery, the franchisee cannot use these marks on the internet or in online advertising. This restriction ensures that the brand is consistently represented and controlled by Marble Slab Creamery, and it prevents franchisees from expanding their business beyond the approved physical location without explicit permission.

Marble Slab Creamery retains the right to operate or license others to operate restaurants under its trademarks at any location, including those near the Accepted Location, subject to certain conditions outlined in Section 1.5 of the franchise agreement. This means that Marble Slab Creamery can establish other outlets, including traditional restaurants, non-traditional venues, or facilities offering catering services, without granting the franchisee exclusive territorial rights, except as defined in Section 1.5. Additionally, Marble Slab Creamery can distribute products and services under its trademarks through various channels, such as grocery stores and online platforms, regardless of their proximity to the franchisee's Accepted Location.

If a franchisee wishes to relocate their Marble Slab Creamery restaurant, they must meet several conditions, including obtaining Marble Slab Creamery's consent, having operated the restaurant at the original location for at least three years, not being in default of the franchise agreement, and paying a relocation fee of $2,000. Marble Slab Creamery reserves the right to terminate the agreement if the franchisee fails to meet these requirements or does not reopen the relocated restaurant within 120 days of closing the original location, even if relocation approval was initially granted. This highlights the importance of the Accepted Location as the primary and approved site for the franchisee's Marble Slab Creamery business.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.