Does Marble Slab Creamery provide any assurances that the Site Analysis program is or will be accurate?
Marble_Slab_Creamery Franchise · 2025 FDDAnswer from 2025 FDD Document
(iii) Although Franchisor believes it has taken prudent and reasonable steps to evaluate its designated vendor's theories and approach to site evaluation and the reliability and/or accuracy of the Site Analysis, there are no assurances now or in the future that the program is or will be accurate and/or will provide a reliable methodology for gauging the potential success or failure of any particular site or restaurant.
(iv) Further, it is Franchisor's belief that no site evaluation tool, including the Site Analysis, can replace the human judgment of Applicant or their real estate professional.
Franchisor strongly recommends that all sites be reviewed by Applicant and an appropriate real estate professional prior to the execution of a lease or purchase of a real estate location.
- (v) ALL USE BY APPLICANT OF THE SITE ANALYSIS IS PROVIDED "AS IS" AND FRANCHISOR (AND ITS AFFILIATES) AND THEIR PROVIDERS MAKE NO WARRANTY (1) AS TO ITS ACCURACY OR COMPLETENESS, (2) AS TO APPLICANT'S RESULTS, OR (3) THAT THE SITE ANALYSIS WILL BE ERROR FREE, OR ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY AS TO PERFORMANCE, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
Source: Item 23 — RECEIPT (FDD pages 101–346)
What This Means (2025 FDD)
According to Marble Slab Creamery's 2025 Franchise Disclosure Document, Marble Slab Creamery does not provide any assurances regarding the accuracy or reliability of its Site Analysis program. The FDD explicitly states that while Marble Slab Creamery believes it has taken reasonable steps to evaluate its vendor's approach to site evaluation, there are no guarantees that the program is or will be accurate or provide a reliable method for predicting the success of a location.
Marble Slab Creamery emphasizes that the Site Analysis tool should not replace the franchisee's or their real estate professional's judgment. The document strongly recommends that franchisees have all potential sites reviewed by both themselves and a real estate professional before signing a lease or purchasing property.
The FDD further clarifies that the Site Analysis is provided "AS IS," and Marble Slab Creamery and its providers make no warranties regarding its accuracy, completeness, or that it will be error-free. They also disclaim any warranties, express or implied, including those related to performance, merchantability, or fitness for a particular purpose. This means a franchisee cannot hold Marble Slab Creamery liable for any losses incurred as a result of relying on the Site Analysis.
This disclaimer is a common practice in franchising, as site selection involves numerous unpredictable factors. Prospective Marble Slab Creamery franchisees should understand that the Site Analysis is only one tool in the site selection process and should conduct their own thorough due diligence, including seeking expert advice, before making any investment decisions.