Does Marble Slab Creamery have the right to own or operate restaurants under names other than 'Marble Slab Creamery' at any location?
Marble_Slab_Creamery Franchise · 2025 FDDAnswer from 2025 FDD Document
- 1.7 The license granted to the Franchisee under this Agreement is nonexclusive and Franchisor expressly reserves all other rights including, the exclusive, unrestricted right, in its
discretion, directly and indirectly, itself and through its employees, Affiliates, representatives, franchisees, licensees, assigns, agents and others:
- 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; (iii) facilities offering catering services and mobile units designed to service special events at any location, and (iv) restaurants and other systems operating under names other than "Marble Slab Creamery" or the other Proprietary Marks, at any location, and of any type whatsoever, regardless of proximity to the Accepted Location; and
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 retains the right to own or operate restaurants and other facilities under names other than "Marble Slab Creamery" or the other Proprietary Marks, at any location, and of any type whatsoever, regardless of proximity to the franchisee's location.
This means that a franchisee may face competition from Marble Slab Creamery itself, or from other businesses owned or licensed by Marble Slab Creamery that operate under different brand names. This could potentially draw customers away from the franchisee's Marble Slab Creamery location.
This right extends to various business activities, including establishing franchises or company-owned outlets selling similar products or services under different names, selling products and services through alternative distribution channels like e-commerce, and acquiring existing stores to convert them to Marble Slab Creamery or operate them under another name. This broad reservation of rights allows Marble Slab Creamery significant flexibility in expanding its business and market presence, which may or may not directly benefit individual franchisees.