Does Marble Slab Creamery have the right to enter the restaurant premises for inspections?
Marble_Slab_Creamery Franchise · 2025 FDDAnswer from 2025 FDD Document
Company will have the right, but not the obligation, without being guilty of trespass or any other crime or tort, to enter the Premises at any time or from time to time (i) to make any modification or alteration it considers necessary to protect the Marble Slab Creamery system and marks, (ii) to cure any default under the Franchise Agreement or under the Lease, or (iii) to remove the distinctive elements of the Marble Slab Creamery trade dress upon the Franchise Agreement's expiration or termination.
In the event Franchisee fails or refuses to comply with the requirements of this Section 14.4, Franchisor will have the right to enter upon the premises where the Restaurant was conducted, without being guilty of trespass or any other tort, for the purpose of making or causing to be made such changes as may be required, at the expense of Franchisee, which expense Franchisee agrees to pay upon demand.
Source: Item 22 — CONTRACTS (FDD page 101)
What This Means (2025 FDD)
According to the 2025 Marble Slab Creamery Franchise Disclosure Document, Marble Slab Creamery has specific rights to enter the premises of a franchised restaurant under certain conditions. As detailed in the Lease Rider, Marble Slab Creamery has the right, but not the obligation, to enter the premises at any time without being considered a trespasser. This access is granted for specific purposes: to make modifications or alterations deemed necessary to protect the Marble Slab Creamery system and marks, to correct any defaults under the Franchise Agreement or the lease, or to remove distinctive elements of the Marble Slab Creamery trade dress after the agreement expires or terminates.
This provision in the franchise agreement and lease rider is significant for prospective franchisees. It means that Marble Slab Creamery retains considerable control over the restaurant's physical appearance and operation, even though the franchisee manages the day-to-day business. The franchisee should be aware that Marble Slab Creamery can enter the premises to ensure compliance with brand standards and to protect its trademarks. While Marble Slab Creamery is not responsible for damages resulting from these actions, except for repairing damage to walls, floors, or ceilings from removing trade dress items, franchisees should understand the potential for disruption and the importance of adhering to the franchise agreement terms to avoid defaults.
Furthermore, Marble Slab Creamery's right to enter the premises extends to situations where the Franchise Agreement is terminated or expires. In such cases, if the franchisee fails to make necessary changes to distinguish the premises from other Marble Slab Creamery restaurants, Marble Slab Creamery has the right to enter and make those changes at the franchisee's expense. This underscores the importance of franchisees understanding their obligations upon termination or expiration of the agreement, including the removal of proprietary marks and trade dress, to avoid additional costs and potential disputes with Marble Slab Creamery.