What recommendation does Marble Slab Creamery make regarding site review?
Marble_Slab_Creamery Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
(b) Franchisor may seek such additional information as it deems necessary Applicant shall respond promptly to such request for additional information.
If Franchisor shall not deliver written notice to Applicant that Franchisor accepts a proposed site, within 30 days of receipt of Applicant's Real Estate Site Evaluation Package, or within 10 days after receipt of such additional requested information, whichever is later, the site shall be deemed rejected.
Source: Item 23 — RECEIPT (FDD pages 101–346)
What This Means (2025 FDD)
According to the 2025 Marble Slab Creamery FDD, Marble Slab Creamery strongly recommends that prospective franchisees have all potential sites reviewed by both the applicant and a qualified real estate professional before signing a lease or purchasing property. This recommendation underscores the importance of thorough due diligence in site selection.
Marble Slab Creamery offers a Site Analysis tool, but the FDD explicitly states that the reliability and accuracy of this tool have not been validated. Marble Slab Creamery disclaims any liability for the franchisee's reliance on the Site Analysis, regardless of whether Marble Slab Creamery subsequently approves or disapproves of the site. The FDD also states that the site evaluation tool cannot replace the human judgment of the applicant or their real estate professional.
This recommendation highlights the risks associated with relying solely on franchisor-provided tools for site selection. Prospective Marble Slab Creamery franchisees should engage their own real estate experts to conduct independent evaluations, considering local market conditions, demographics, and other factors that could impact the success of the location. By emphasizing independent review, Marble Slab Creamery encourages franchisees to make informed decisions and mitigate potential risks associated with site selection.