What are the requirements for the construction of a Marble Slab Creamery Restaurant?
Marble_Slab_Creamery Franchise · 2025 FDDAnswer from 2025 FDD Document
NS ON SOURCES OF PRODUCTS AND SERVICES**
You must use a real estate broker that we designate or otherwise approve to assist you to locate the premises for your Restaurant and assist you to negotiate a lease or purchase of the premises for your Restaurant.
You must operate the Restaurant according to our standards and specifications, which may regulate, among other things, the types, models, and brands of products, fixtures, furniture, vehicles, furnishings, signs, other equipment and supplies you must use in operating the Restaurant; unauthorized and prohibited products, equipment, and services; inventory requirements; and designated and approved suppliers of products and other items.
Authorized Products and Services. You may offer for sale in the Restaurant only the products and services that we have approved in writing, as stated in the Manuals. If you operate any co-brand restaurant, you must also offer for sale the products and services that have been approved by your co-brand licensor. We will designate the construction company, contractor, architect, kitchen designer, interior designer, kitchen equipment supplier, small wares provider, furniture supplier and approved signage manufacturer you must use to build or remodel the premises for your Restaurant. At your request, we may, in our sole discretion, allow you to engage an architect and contractor selected by you and acceptable to us, provided that if you engage an architect other than an architect designated by us, you must reimburse us for our costs and expenses incurred to review and have an architect acceptable to us review the designs and plans of your architect (See Item 6). You must provide us with all information necessary for us to evaluate your proposed architect and/or contractor, which may include satisfactory past restaurant construction or design experience, references, adequate financial resources and stability and evidence insurance. The construction company employs contractors and other personnel necessary to construct the Restaurant according to our specifications.
You must offer the specific brand and/or product "mix" that we require in the Manuals determined either by percentage of inventory stocked or percentage of your Restaurant's retail space. We may, in our sole discretion, change these specifications periodically, change the authorized products and services at our discretion, and designate specific products or services as optional or mandatory. You must offer all items that we designate as mandatory. You may sell products only in the varieties, forms, and packages that we have approved. If we revoke approval of a previouslyapproved product that you have been selling, you may continue to sell the product only from your existing inventory for up to 30 days following our disapproval. We have the right to shorten this 30 days if, in our opinion, the continued sale of the product would prove detrimental to our reputation.
You must purchase or lease and maintain, at your own expense, only those brands, types, makes and/or models of Information Systems (defined in Item 11) that we specify. Our standards and specifications for the Information System may include, without limitation, configurations, programming and support and service processes. We may periodically modify specifications for and components of the Information System. You may not use any hardware or software system or component in connection with the Information System that we have not approved for your use.
As we require, you will enter into a maintenance and/or support agreement with us, one of our affiliates, or one of our approved suppliers or vendors, for the provision of maintaining and supporting the Information System or any part thereof. We may charge you a fee if we provide maintenance and/or support services. We currently have a help desk staff that collects and processes your data and provides certain support services pursuant to a Brand Technology System Support Services Agreement, which is attached to this Disclosure Document. Under the Brand Technology System Support Services Agreement, you must pay us for the support services, subject to change. The fee depends on what services and options you choose for your Restaurant.
We may also charge you a fee if we develop or have developed (and, once developed, for supporting, modifying and enhancing) proprietary software that we license to you and for other Information System maintenance and support services that we, or our affiliates, provide to you. If we, or our affiliates, license proprietary software to you, or otherwise allow you to use similar technology we develop or maintain, you agree to sign and adhere to any Software License Agreement or similar document that we, or our affiliates, prescribe to regulate your use of, and our and your respective rights and responsibilities with respect to, the software.
You must purchase all or most parts of the digital and static menu system from an approved vendor that we engaged to design a menu/computer system for our franchisees.
Source: Item 8 — RESTRICTIONS ON SOURCES OF PRODUCTS AND SERVICES (FDD pages 43–49)
What This Means (2025 FDD)
According to the 2025 Marble Slab Creamery FDD, franchisees must adhere to specific guidelines and use designated or approved resources during the construction or remodeling of their restaurant. Marble Slab Creamery designates the construction company, contractor, architect, kitchen designer, interior designer, kitchen equipment supplier, small wares provider, furniture supplier, and approved signage manufacturer that franchisees must use. However, at the franchisee's request, Marble Slab Creamery may allow the franchisee to engage their own architect and contractor, provided they are acceptable to Marble Slab Creamery. If the franchisee uses an architect not designated by Marble Slab Creamery, they must reimburse Marble Slab Creamery for the costs incurred to review the designs and plans.
Before construction or development begins, franchisees must have insurance policies in effect that protect Marble Slab Creamery, its affiliates, and their respective personnel against any loss, liability, personal injury, death, property damage, or expense arising out of the condition, operation, use, or occupancy of the restaurant. Marble Slab Creamery must be named as an additional insured under each policy, except for policies required by statute, such as workers' compensation and employer's liability insurance. The insurance policy must be in effect before you begin construction and/or development of the Restaurant.
Marble Slab Creamery also has the right to request that franchisees refurbish their restaurants every 5 years to conform to the current image and specifications. This includes remodeling, redecoration, and other modifications deemed necessary by Marble Slab Creamery. However, Marble Slab Creamery cannot require franchisees to invest additional capital for remodeling if the investment cannot be reasonably amortized during the remaining term of the Franchise Agreement or the Site Lease, unless the remodeling is required by the Site Lease or applicable law. Franchisees must also use designated or approved suppliers for tenant improvements, trade fixtures, and architect and engineering services.