Who is responsible for locating and selecting a suitable site for a Marble Slab Creamery Restaurant?
Marble_Slab_Creamery Franchise · 2025 FDDAnswer from 2025 FDD Document
- (b). Once you have located a potential site, you must submit to us for our review a real estate site evaluation package, including demographic and other information regarding the proposed site and neighboring areas. After receiving the real estate site evaluation package, we will review the information to determine whether the proposed site is acceptable. If we have not notified you within 30 days of receiving the information (or 10 days if we request additional information) that the site is accepted, then such site will be deemed rejected. If we accept the site, we will notify you of our acceptance, which will be conditioned on you entering into a final lease or purchase agreement
(and any other conditions we may impose). You are solely responsible for locating and selecting a suitable site for the Restaurant. You will be the tenant under your lease. We will not own or lease the premises for you. We will conduct an on-site evaluation if we consider it necessary and appropriate as part of our evaluation of your submittal package. If we determine that on-site evaluation is necessary and appropriate (on our own initiative), we will provide the evaluations (up to 2 days unless we agree otherwise) at our own expense, although we reserve the right to charge you an additional fee for this service. Generally, we consider the following factors in accepting a restaurant location: high foot traffic, visibility, complementary tenant mix in the shopping center, demographically dense primary retail trade populace, reasonable rent, adequate square footage, proper exposure within the demographic trade area and a retail-oriented shopping center. If we accept the proposed site and you obtain it, we will insert a description of the specific location on Franchise Agreement. Your Restaurant must be open for business within 12 months after we sign the Franchise Agreement. If you fail to meet this deadline for any reason, including your failure to propose a site that we accept, and we do not agree to extend the deadline, we will have the right to terminate your Franchise Agreement. If you sign Multi-Unit Restaurant Agreement, we will approve the locations of future Restaurants based on our then-current standards in each applicable Franchise Agreement.
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS AND TRAINING (FDD pages 53–62)
What This Means (2025 FDD)
According to Marble Slab Creamery's 2025 Franchise Disclosure Document, the franchisee is solely responsible for locating and selecting a suitable site for the Restaurant. However, Marble Slab Creamery designates the Site Selection Area and the franchisee must submit a real estate site evaluation package for the franchisor's review, including demographic and other information regarding the proposed site and neighboring areas. Marble Slab Creamery will review the information to determine whether the proposed site is acceptable. If Marble Slab Creamery has not notified the franchisee within 30 days of receiving the information (or 10 days if they request additional information) that the site is accepted, then such site will be deemed rejected.
If Marble Slab Creamery accepts the site, they will notify the franchisee of their acceptance, which will be conditioned on the franchisee entering into a final lease or purchase agreement and any other conditions Marble Slab Creamery may impose. The franchisee will be the tenant under their lease, as Marble Slab Creamery will not own or lease the premises for the franchisee. Marble Slab Creamery will conduct an on-site evaluation if they consider it necessary and appropriate as part of their evaluation of the submittal package.
Generally, Marble Slab Creamery considers the following factors in accepting a restaurant location: high foot traffic, visibility, complementary tenant mix in the shopping center, demographically dense primary retail trade populace, reasonable rent, adequate square footage, proper exposure within the demographic trade area and a retail-oriented shopping center. The Franchise Agreement dictates that the Restaurant must be open for business within 12 months after Marble Slab Creamery signs the Franchise Agreement. If the franchisee fails to meet this deadline for any reason, including failure to propose a site that Marble Slab Creamery accepts, and Marble Slab Creamery does not agree to extend the deadline, they will have the right to terminate the Franchise Agreement.