What is the requirement for a Marble Slab Creamery franchisee in locating a site for the restaurant?
Marble_Slab_Creamery Franchise · 2025 FDDAnswer from 2025 FDD Document
- 6.1.2 Franchisee will use the Proprietary Marks only for the operation of the Restaurant and only at the Accepted Location or in advertising for the business conducted at or from the Accepted Location.
Unless otherwise authorized or required by Franchisor, Franchisee will not use the Proprietary Marks in connection with the operation of an Internet website or in connection with any advertising on an Internet website.
- 1.7.1 to own or operate, and to license others (which may include its Affiliates) to own or operate (i) restaurants under the Proprietary Marks (or any of them) at any location regardless of proximity to the Accepted Location, subject to Section 1.5, (ii) restaurants and other facilities under the Proprietary Marks (or any of them) at Non-Traditional Venue/Excluded Venues at any location, and of any type whatsoever, regardless of proximity to the Accepted Location;
Agreement within the last three years prior to, and as of, the date Franchisor consents 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) Franchisee pays Franchisor a relocation fee of $2,000. Franchisor reserves the right to terminate this Agreement if Franchisee fails to meet any of the above requirements for the relocation, including the failure to reopen the relocated Restaurant within 120 day of the closure of the original Restaurant even if Franchisee received Franchisor's approval to relocate.
Source: Item 22 — CONTRACTS (FDD page 101)
What This Means (2025 FDD)
The 2025 Marble Slab Creamery Franchise Disclosure Document states that franchisees must operate their Marble Slab Creamery restaurant at the "Accepted Location." The franchisee can only use the Proprietary Marks of Marble Slab Creamery at the Accepted Location or in advertising for the business conducted at or from the Accepted Location.
Marble Slab Creamery retains significant control over where its franchises can operate. The franchise agreement grants Marble Slab Creamery the right to own or operate, and to license others to own or operate restaurants under the Proprietary Marks at any location, regardless of proximity to the Accepted Location. This includes restaurants and other facilities at Non-Traditional Venue/Excluded Venues.
If a franchisee wants to relocate their Marble Slab Creamery, they must meet several conditions. There can’t have been a transfer of the franchise agreement within the last three years, and there can't be any existing default events. Additionally, the franchisee must pay Marble Slab Creamery a relocation fee of $2,000. Marble Slab Creamery reserves the right to terminate the agreement if the franchisee fails to meet these requirements, including reopening the relocated restaurant within 120 days of closing the original location, even if relocation approval was initially granted.