Does Marble Slab Creamery retain rights to operate Marble Slab Creamery stores at Non-Traditional Venues?
Marble_Slab_Creamery Franchise · 2025 FDDAnswer from 2025 FDD Document
However, we also expressly reserve certain rights (the "Reserved Rights") to operate and/or license others (which may include our affiliates) to own or operate (i) stores under the name "MARBLE SLAB CREAMERY®" and under any other trademarks, trade names, service marks, logotypes, insignias, trade dress and designs at any location outside the Development Area, (ii) stores and other facilities under the name "MARBLE SLAB CREAMERY®" and under any other trademarks, trade names, service marks, logotypes, insignias, trade dress and designs at Non-Traditional Venues at any location, and of any type whatsoever, within or outside the Development Area, and regardless of proximity to your Restaurants; (iii) facilities offering catering services and mobile units designed to service special events within and outside your Development Area, and (iv) stores and other systems operating under names other than "MARBLE SLAB CREAMERY®" or the other trademarks, trade names, service marks, logotypes, insignias, trade dress and designs
(including without limitation "Fatburger®," "Buffalo's Cafe," "PONDEROSA STEAKHOUSE®," "BONANZA STEAKHOUSE®," Hurricane Grill & Wings®," "Hurricane Sports Grill®," "Hurricane Dockside Grill ®," "Hurricane BTW Burgers + Tacos + Wings," "Yalla Mediterranean®", "Elevation Burger," "Johnny Rockets," "Round Table Pizza," "Hot Dog On A Stick," "Pretzelmaker," "Great American Cookies," "Fazoli's," "Twin Peaks" and "Native Grill & Wings" stores), at any location, and of any type whatsoever, within or outside the Development Area and regardless of their proximity to your Restaurants.
Source: Item 12 — TERRITORY (FDD pages 62–68)
What This Means (2025 FDD)
According to the 2025 Marble Slab Creamery Franchise Disclosure Document, Marble Slab Creamery retains specific rights regarding the operation of stores at Non-Traditional Venues. Marble Slab Creamery and its affiliates reserve the right to operate stores under the Marble Slab Creamery name, trademarks, and designs at Non-Traditional Venues at any location, irrespective of its proximity to a franchisee's restaurant. This reservation applies both within and outside a franchisee's Development Area.
This means that even if a franchisee is granted a territory, Marble Slab Creamery can still establish or license Marble Slab Creamery stores in Non-Traditional Venues such as airports, casinos, universities, or shopping mall food courts, regardless of their location relative to the franchisee's Marble Slab Creamery store.
The FDD defines a "Non-Traditional Venue/Excluded Venue" as a site, venue or location within another primary business or in conjunction with other businesses or at institutional settings, including, toll roads, highway travel plazas, hotels and motels, casinos and casino adjacent locations, airports, sports arena, stadiums, bus stations, train stations, theme parks, amusement facilities, military and other governmental facilities, movie theaters, hospitals, grocery stores, supermarkets, convenience stores, schools, college and university campuses, piers, gyms, offices or in-plant food service facilities, shopping mall food courts operated by a master concessionaire, and any site for which the lessor, owner or operator has indicated its intent to prefer or limit the operation of its food service facilities to a master concessionaire or contract food service provider. This broad definition gives Marble Slab Creamery considerable latitude in establishing Marble Slab Creamery locations that might compete with a franchisee, even within what might seem like a protected territory. A prospective franchisee should consider this carefully when evaluating the potential for competition within their market area.