Is prior written consent required from Marble Slab Creamery to relocate a restaurant?
Marble_Slab_Creamery Franchise · 2025 FDDAnswer from 2025 FDD Document
nclude open-air or strip malls, outer-lying pads or parking lots.
Relocation
You may not relocate your Restaurant without our prior written consent, which may be granted or withheld in our discretion and may be subject to such conditions including (i) the new location for your Restaurant premises being satisfactory to us, (ii) your lease, if any, for the new location complies with our then-current requirements, (iii) you comply with our then-current requirements for constructing and furnishing the new location, (iv) the new location will not, as determined in our sole discretion, materially and adversely affect any other Marble Slab Creamery restaurant, (v) the relocated Restaurant must be open and operating within 120 days from the closure of the original restaurant, (vi) you have fully performed and complied with each provision of the franchise agreement within the last three years prior to, and as of, the date we consent to such relocation (the "Relocation Request Date"), (vii) no event of default, or event which with the giving of notice and/or passage of time would constitute an event of default, exists as of the Relocation Request Date, and (viii) you pay us a relocation fee of $2,000. We reserve the right to terminate the franchise agreement if you fail to meet any of the requirements for the relocation, including the failure to reopen the relocated Restaurant within 120 days of t
Source: Item 12 — TERRITORY (FDD pages 62–68)
What This Means (2025 FDD)
According to Marble Slab Creamery's 2025 Franchise Disclosure Document, a franchisee must obtain prior written consent from Marble Slab Creamery before relocating their restaurant. This consent can be granted or withheld at Marble Slab Creamery's discretion and may be subject to specific conditions. These conditions include ensuring the new location is satisfactory to Marble Slab Creamery, the lease complies with their current requirements, and the franchisee meets the current standards for construction and furnishing. Marble Slab Creamery also assesses whether the new location would negatively impact other Marble Slab Creamery restaurants.
Furthermore, the relocated Marble Slab Creamery restaurant must be open and operating within 120 days of the original restaurant's closure. The franchisee must have fully complied with all franchise agreement provisions in the three years leading up to the relocation request date, and there must be no existing default events. Additionally, the franchisee is required to pay a relocation fee of $2,000 to Marble Slab Creamery.
Marble Slab Creamery retains the right to terminate the franchise agreement if the franchisee fails to meet any of these relocation requirements, including reopening within the 120-day timeframe, even if initial approval was granted. This highlights the importance of careful planning and adherence to Marble Slab Creamery's requirements when considering a relocation. The relocation process involves several factors that a franchisee must consider, including financial obligations, compliance with the franchise agreement, and the potential impact on other Marble Slab Creamery locations.