Does the Marble Slab Creamery owner acknowledge they have not relied on any guarantees about the revenues or profits of the restaurant?
Marble_Slab_Creamery Franchise · 2025 FDDAnswer from 2025 FDD Document
[Item 23: RECEIPT]
- (c) OWNER HAS NOT RECEIVED OR RELIED UPON ANY PROMISE, REPRESENTATION, GUARANTEE OR WARRANTY, EXPRESSED OR IMPLIED, ABOUT THE REVENUES, PROFITS, OR SUCCESS OF THE RESTAURANT OR THE BUSINESS VENTURE CONTEMPLATED BY THIS AGREEMENT;
- (d) OWNER IS AWARE THAT MANAGER OWNS FBNA. OWNER IS ALSO AWARE OF THE FACT THAT SOME PRESENT OR FUTURE FRANCHISEES OF FBNA MAY OPERATE UNDER DIFFERENT FORMS OF AGREEMENTS WITH MANAGER, AND CONSEQUENTLY, THAT MANAGER'S OBLIGATIONS AND RIGHTS WITH RESPECT TO OTHER FRANCHISEES OF FBNA MAY DIFFER MATERIALLY;
- (e) OWNER IS AWARE THAT THE SUCCESSFUL OPERATION OF A RESTAURANT INVOLVES MANY FACTORS, INCLUDING BUT NOT LIMITED TO, LOCATION, DEMOGRAPHIC PATTERNS, CONSUMER TASTE AND PREFERENCES (BOTH LOCAL AND NATIONAL), COMPETITION AND NUMEROUS OTHER FACTORS, WHICH ARE SUBJECT TO CHANGE, DIFFICULT TO PREDICT, AND BEYOND THE CONTROL OF MANAGER OR OWNER. OWNER EXPRESSLY ACKNOWLEDGES AND AGREES THAT NO ASSURANCE CAN BE GIVEN THAT THE RESTAURANT WILL OPERATE PROFITABLY; AND
- (f) NO REPRESENTATIONS HAVE BEEN MADE OR AUTHORIZED BY MANAGER OR ITS AFFILIATES, OR BY ANY OF THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SALES PERSONNEL OR AGENTS, THAT ARE CONTRARY TO THE TERMS CONTAINED IN THIS AGREEMENT, AND OWNER HAS NOT RELIED UPON ANY OTHER SUCH REPRESENTATIONS.
Source: Item 23 — RECEIPT (FDD pages 101–346)
What This Means (2025 FDD)
According to the 2025 Marble Slab Creamery Franchise Disclosure Document, the owner must acknowledge that they have not received or relied upon any promises, representations, guarantees, or warranties, whether expressed or implied, regarding the potential revenues, profits, or overall success of the restaurant or the business venture. This acknowledgment is a crucial part of the agreement.
Additionally, the owner confirms their awareness that the manager owns FBNA and that some present or future franchisees of FBNA may operate under different agreements, which could materially affect the manager's obligations and rights. This highlights the potential for variability in franchise agreements within the Marble Slab Creamery system.
The owner also acknowledges that the success of a Marble Slab Creamery restaurant depends on numerous factors, including location, demographic patterns, consumer preferences, competition, and other variables that are subject to change, difficult to predict, and beyond the control of both the manager and the owner. The document explicitly states that no assurance can be given that the restaurant will operate profitably. Furthermore, the owner confirms that no unauthorized representations have been made that contradict the terms of the agreement and that they have not relied upon any such representations.