What obligations are guaranteed by the written guaranty for a Marble Slab Creamery franchise?
Marble_Slab_Creamery Franchise · 2025 FDDAnswer from 2025 FDD Document
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- I will hold in strict confidence all information designated by the Franchisor or the Franchisee as confidential, and I will disclose and/or use the confidential information only in connection with my duties as required by my position with the Franchisee. My undertaking not to disclose confidential information is a condition of my position with the Franchisee, and continues even after I cease to be in that position.
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- While in my position with the Franchisee, I will not do anything which may injure the Franchisee or the Franchisor, such as: (a) divert or attempt to divert actual or prospective customers to a competitor business selling competitive services; (b) employ or seek to employ anyone employed by the Franchisee, the Franchisor or other franchisees of the Franchisor; or (c) cause or encourage any employee of the Franchisee, the Franchisor or other franchisees of the Franchisor to leave his or her employment, other than in the normal course of my duties with the Franchisee.
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- While in my position with the Franchisee, and for two (2) years after I cease to be in that position, I will not own, operate, engage in, or have any interest in a restaurant similar to a Marble Slab Creamery restaurant and which is located, or intended to be located, within a five mile radius of Franchisee's restaurant or any other Marble Slab Creamery restaurant. This restriction does not apply to my ownership of less than a five percent (5%) beneficial interest in the outstanding securities of any publicly-held corporation.
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- The Franchisor is a third-party beneficiary of this Agreement and may enforce it, solely and/or jointly with the Fra
Source: Item 23 — RECEIPT (FDD pages 101–346)
What This Means (2025 FDD)
Based on the 2025 Marble Slab Creamery Franchise Disclosure Document, Exhibit G includes an agreement that outlines the obligations of individuals in positions with a franchisee. These obligations include maintaining the confidentiality of information, refraining from actions that could harm the franchisee or franchisor, and adhering to a non-compete clause.
Specifically, individuals must keep confidential information secret, using it only as required by their duties. They are prohibited from diverting customers, poaching employees, or encouraging employees to leave their positions with the franchisee, franchisor, or other franchisees.
Additionally, for two years after leaving their position with the franchisee, individuals are restricted from owning, operating, or having an interest in a similar restaurant within a five-mile radius of any Marble Slab Creamery location. This restriction does not apply to ownership of less than 5% of a publicly-held corporation's securities.
Marble Slab Creamery is a third-party beneficiary of this agreement and has the right to enforce it, either independently or jointly with the franchisee, ensuring these obligations are upheld.