What rights does the Marble Slab Creamery franchisor reserve regarding off-site events?
Marble_Slab_Creamery Franchise · 2025 FDDAnswer from 2025 FDD Document
- 5.26.1 Provided that Franchisee is in full compliance with this Agreement, and subject to the terms of this Section 5.25, Franchisee may operate temporary outlets for short-term periods at special events away from the Accepted Location, such as fairs, sporting events, conventions, etc. ("Off-Site Events").
Franchisor reserves the right: (i) to designate specific types of Off-Site Events as approved or prohibited from time to time in the Manual; (ii) to grant exclusive rights to others for specific Off-Site Events; (iii) to impose geographic restrictions on the Off-Site Events at which Franchisee can do business; (iv) to impose restrictions on the types of products and services Franchisee can offer at Off-Site Events; and (v) to set other standards or policies for Off-Site Events that Franchisee must follow.
Franchisee acknowledges that Franchisee has no exclusive rights for any Off-Site Event, regardless of its proximity to the Accepted Location, and that Franchisor and/or Franchisor's other franchisees may seek and obtain the right to do business at any Off-Site Event instead of Franchisee.
Any business that Franchisee conduct at an Off-Site Event is subject to all applicable provisions of this Agreement.
Source: Item 22 — CONTRACTS (FDD page 101)
What This Means (2025 FDD)
According to Marble Slab Creamery's 2025 Franchise Disclosure Document, the franchisor retains several rights regarding off-site events. While franchisees in good standing can operate temporary outlets at special events like fairs, sporting events, and conventions, Marble Slab Creamery reserves the right to control various aspects of these operations.
Specifically, Marble Slab Creamery can designate which types of off-site events are approved or prohibited, grant exclusive rights to other parties for specific off-site events, and impose geographic restrictions on where a franchisee can conduct business at these events. Furthermore, Marble Slab Creamery can restrict the types of products and services a franchisee offers at off-site events and set other standards or policies that franchisees must adhere to.
The FDD emphasizes that franchisees do not have exclusive rights to any off-site event, regardless of its proximity to their accepted location. This means that Marble Slab Creamery or its other franchisees can seek and obtain the right to operate at any off-site event, even if a franchisee is already interested in that event. Any business conducted at an off-site event is subject to all applicable provisions of the franchise agreement.