Does Marble Slab Creamery have the option to acquire the franchisee's lease upon termination?
Marble_Slab_Creamery Franchise · 2025 FDDAnswer from 2025 FDD Document
- 14.4 Franchisee will, at Franchisor's option, assign to Franchisor any interest which Franchisee has in any lease or sublease for the premises of the Restaurant.
In the event Franchisor does not elect to exercise its option to acquire the lease or sublease for the premises of the Restaurant, Franchisee will make such modifications or alterations to the premises operated hereunder immediately upon termination or expiration of this Agreement as may be necessary to distinguish the appearance of said premises from that of other Marble Slab Creamery restaurants, and will make such specific additional changes thereto as Franchisor may reasonably request for that purpose.
In the event Franchisee fails or refuses to comply with the requirements of this Section 14.4, Franchisor will have the right to enter upon the premises where the Restaurant was conducted, without being guilty of trespass or any other tort, for the purpose of making or causing to be made such changes as may be required, at the expense of Franchisee, which expense Franchisee agrees to pay upon demand.
Source: Item 22 — CONTRACTS (FDD page 101)
What This Means (2025 FDD)
According to Marble Slab Creamery's 2025 Franchise Disclosure Document, Marble Slab Creamery has the option to acquire the franchisee's lease upon termination or expiration of the franchise agreement. Specifically, the franchisee will, at Marble Slab Creamery's option, assign to Marble Slab Creamery any interest the franchisee has in any lease or sublease for the premises of the restaurant.
If Marble Slab Creamery does not elect to acquire the lease or sublease, the franchisee must modify the premises immediately upon termination or expiration of the agreement. These modifications should distinguish the appearance of the premises from other Marble Slab Creamery restaurants. The franchisee must also make any additional changes that Marble Slab Creamery reasonably requests for that purpose.
If the franchisee fails to comply with these requirements, Marble Slab Creamery has the right to enter the premises without being guilty of trespass or any other tort. Marble Slab Creamery can then make the required changes at the franchisee's expense, which the franchisee agrees to pay upon demand.