What rights does Marble Slab Creamery expressly reserve, even with a Protected Rights agreement?
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 Marble Slab Creamery's 2025 Franchise Disclosure Document, even when a franchisee is granted development rights on a "Protected Rights" basis, Marble Slab Creamery retains specific rights. These Reserved Rights allow Marble Slab Creamery to operate or license others to operate stores under the Marble Slab Creamery name, trademarks, and designs at any location outside the franchisee's Development Area. This means that while a franchisee may have some territorial protections, the franchisor can still expand outside that area without restriction.
Marble Slab Creamery also reserves the right to operate or license stores and facilities at Non-Traditional Venues, regardless of their location or proximity to the franchisee's restaurants. Non-Traditional Venues include locations such as toll roads, airports, casinos, theme parks, military facilities, and college campuses. Additionally, Marble Slab Creamery can operate facilities offering catering services and mobile units for special events both within and outside the franchisee's Development Area.
Furthermore, Marble Slab Creamery retains the right to operate stores under different brand names that they own or license, such as "Fatburger®," "Buffalo's Cafe," and "PONDEROSA STEAKHOUSE®," at any location, regardless of proximity to the franchisee's Marble Slab Creamery restaurants. This broad reservation of rights means that even with a Protected Rights agreement, a Marble Slab Creamery franchisee may face competition from other Marble Slab Creamery locations in non-traditional venues, catering services, mobile units, or from other brands owned or licensed by the franchisor.