Can Marble Slab Creamery open stores under the Marble Slab Creamery name at any location?
Marble_Slab_Creamery Franchise · 2025 FDDAnswer from 2025 FDD Document
We and our affiliates (including through our franchisees) retain all rights with respect to Restaurants, the Marks, the sale of similar or dissimilar products and services, and any other activities we deem appropriate whenever and wherever we desire, including the rights to own or operate:
(i) stores under the name "MARBLE SLAB CREAMERY®" and under any other trademarks, trade names, service marks, logotypes, insignias, trade dress and designs at any location,
(ii) stores and other facilities under the name "MARBLE SLAB CREAMERY®" and under any other trademarks, trade names, service marks, logotypes,
insignias, trade dress and designs at Non-Traditional Venues at any location, and of any type whatsoever, and regardless of proximity to your Restaurant;
(iii) facilities offering catering services and mobile units designed to service special events at any location regardless of proximity to your Restaurant;
(iv) the right to provide, offer and sell and to grant others the right to provide, offer and sell goods and services that are identical or similar to and/or competitive with those products and services provided by Restaurants, whether identified by the Marks or other trademarks or service marks, through alternative distribution channels (including, without limitation, the Internet or similar electronic media, any other form of electronic commerce, supermarkets and department stores) on any terms and conditions we deem appropriate;
(v) stores and other systems operating under names other than "MARBLE SLAB CREAMERY®" or the other trademarks, trade names, service marks, logotypes, insignias, trade dress and designs (including without limitation "Fatburger®," "Buffalo's Cafe," "PONDEROSA STEAKHOUSE®," "BONANZA STEAKHOUSE®," Hurricane Grill & Wings®," "Hurricane Sports Grill®," "Hurricane Dockside Grill ®," "Hurricane BTW Burgers + Tacos + Wings," "Yalla Mediterranean®", "Elevation Burger," "Johnny Rockets," "Round Table Pizza," "Hot Dog On A Stick," "Pretzelmaker," "Great American Cookies," "Fazoli's," "Twin Peaks" and "Native Grill & Wings" stores), at any location, and of any type whatsoever, and regardless of their proximity to your Restaurant.
Source: Item 12 — TERRITORY (FDD pages 62–68)
What This Means (2025 FDD)
According to Marble Slab Creamery's 2025 Franchise Disclosure Document, Marble Slab Creamery retains the right to operate or license others to operate stores under the Marble Slab Creamery name at any location. This includes locations outside a franchisee's Development Area and at Non-Traditional Venues, regardless of their proximity to a franchisee's restaurant. Non-Traditional Venues include locations such as toll roads, highway travel plazas, hotels, casinos, airports, sports arenas, and college campuses.
This means that while a franchisee may be granted a Development Area, it might not be an exclusive territory unless the Multi-Unit Restaurant Agreement provides for development on a "Protected Rights" basis. Marble Slab Creamery retains significant rights to operate or franchise other Marble Slab Creamery stores, or stores operating under other brand names they control, at any location, which could directly compete with a franchisee's location. These other brands include Fatburger, Buffalo's Cafe, and Pretzelmaker.
Furthermore, Marble Slab Creamery and its affiliates can market products and services under the Marble Slab Creamery name through various channels, including the internet, grocery stores, and supermarkets, without compensating the franchisee. They also retain the right to offer catering services and mobile units at any location. This extensive reservation of rights by Marble Slab Creamery underscores the importance of a prospective franchisee understanding the potential for competition from both the franchisor and other franchisees, even within their designated Development Area, unless operating under a "Protected Rights" basis.