What is the penalty for a Marble Slab Creamery franchisee purchasing items from unapproved suppliers?
Marble_Slab_Creamery Franchise · 2025 FDDAnswer from 2025 FDD Document
5.17.1 to purchase and install and use in and about the Restaurant such items and only such items of equipment (including, but not limited to, food and beverage preparation equipment, fixtures, furnishings, interior and exterior signage, air and exhaust handling equipment, order taking system, Information Systems (defined below)) and other personal property as are designated by Franchisor from time to time in writing, or which otherwise have been approved by Franchisor in writing, and which strictly conform to the appearance, standards and specifications of Franchisor and the System as established from time to time.
5.17.2 To maintain in sufficient supply (as Franchisor may prescribe in the Manual or otherwise in writing), and to use at all times, only such fixtures, furnishings, equipment, signage, menu items, ingredients, products, materials, supplies, and paper goods as conform with Franchisor's standards and specifications, and to refrain from deviating therefrom by the use of nonconforming items, without Franchisor's prior written consent.
5.17.3 To sell or offer for sale only such menu items and sizes, products, and services as have been expressly approved for sale in writing by Franchisor; to sell or offer for sale all types of menu items, products, and services specified by Franchisor; to refrain from any deviation from Franchisor's standards and specifications without Franchisor's prior written consent; and to discontinue selling and offering for sale any menu items, products, or services which Franchisor may, in its discretion, disapprove in writing at any time.
Source: Item 22 — CONTRACTS (FDD page 101)
What This Means (2025 FDD)
The 2025 Marble Slab Creamery Franchise Disclosure Document outlines the requirements for franchisees regarding approved suppliers, but it does not explicitly state the penalties for purchasing from unapproved suppliers. However, it emphasizes the importance of adhering to Marble Slab Creamery's standards and specifications for all items used in the restaurant.
Specifically, the FDD states that franchisees must purchase and use only items of equipment, including food and beverage preparation equipment, fixtures, furnishings, interior and exterior signage, air and exhaust handling equipment, order taking systems, and other personal property, that are designated or approved by Marble Slab Creamery in writing. These items must conform strictly to the appearance, standards, and specifications of Marble Slab Creamery and the System. Franchisees must also maintain a sufficient supply of and use only fixtures, furnishings, equipment, signage, menu items, ingredients, products, materials, supplies, and paper goods that meet Marble Slab Creamery's standards and specifications. Deviation from these standards by using nonconforming items is prohibited without prior written consent from Marble Slab Creamery.
While the FDD does not explicitly list penalties for non-compliance, it does state that every detail of the Restaurant operated is important to maintain high operating standards, increase demand, and protect Marble Slab Creamery's reputation and goodwill. Purchasing from unapproved suppliers could be considered a breach of the franchise agreement, potentially leading to consequences such as warnings, required corrective actions, or, in more severe cases, termination of the franchise agreement.
To fully understand the potential penalties for purchasing from unapproved suppliers, a prospective franchisee should ask Marble Slab Creamery for clarification on this matter. This inquiry should cover the specific consequences of violating the approved supplier requirements, as well as the process for obtaining approval for alternative suppliers or products.