What is the significance of a Co-brand's acknowledgment and consent in the Co-Brand Addendum for a Marble Slab Creamery franchise?
Marble_Slab_Creamery Franchise · 2025 FDDAnswer from 2025 FDD Document
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained below, the parties hereto agree as follows:
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1. Grant of Permission.
(a) By executing this Addendum, Franchisor and each Co-brand consent, notwithstanding contrary terms of the Lead Franchise Agreement and the Co-branded Franchise Agreement(s), but subject to the terms and conditions set forth herein, to Franchisee: (i) operating the Business as a cobranded restaurant, pursuant to and in accordance with the Lead Franchise Agreement and the Cobranded Franchise Agreement(s); (ii) offering and selling the products and services authorized by the Lead Franchisor and the Co-brand(s) for sale from the Business as further provided in Paragraph 2 below; (iii) using and displaying the trademarks, service marks, logos, trade names and other similar indicia of the Lead Franchisor at the Business in accordance with the specifications and requirements as may be provided to Franchisee from time to time, and the terms and conditions of the Lead Franchise Agreement; (iv) using and displaying the trademarks, service marks, logos, trade names and other similar indicia of the Co-brand(s) at the Business in accordance with the specifications and requirements as may be provided to Franchisee from time to time, and the terms and conditions of the Co-branded Franchise Agreement(s) (the "Co-branded Marks"); and (v) remodeling certain portions of the Business to incorporate the Co-branded Marks, signs, trade dress, equipment, furnishings and fixtures in accordance with Franchisor's specifications and guidelines, as may be provided to Franchisee from time to time, and subject the applicable Co-brand(s) specifications and guidelines, and subject to the rights and permissions granted to Franchisee pursuant to the Co-branded Franchise Agreement(s).
(b) Franchisee acknowledges that this Addendum and Franchisor's permission granted herein apply only to the Business, and shall not be understood or taken to be permission to offer any menu items or other products or services of the Co-brand(s) or use or display any of the Co-branded Marks at any other restaurant or business owned or operated by Franchisee.
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Co-branded Menu Items and Merchandise.
Notwithstanding anything to the contrary in the Lead Franchise Agreement and/or the Co-branded Franchise Agreement(s), Franchisor and the Cobrand(s) agree and consent to Franchisee offering and selling from the Business such services, menu items, products, merchandise and other products of the Lead Franchisor and each of the Co-brand(s) as Franchisor designates in writing to Franchisee and; provided that the Lead Franchisor and the applicable Co-brand(s) (subject to Franchisor's consent) reserve the right to modify, supplement or change the services, menu items, merchandise and/or other products it authorizes to be offered and sold from the Business.
Co-branded Addendum to Manual.
Franchisee acknowledges and agrees that Franchisor has been authorized to act on behalf of the Co-brand(s), as applicable, to supervise and assist Franchisee's operation of the Business.
Following the execution of this Addendum, each Co-brand or Franchisor will provide Franchisee (or will provide Franchisee access to), on loan, an operations manual (the "Cobranded Manual"), or an addendum to Franchisor's manual (the "Franchisor Manual" and together, the "Co-branded Manuals") and Co-brand(s)' product and menu specifications, purchase orders, design specifications and uniforms; display of signs and notices; authorized and required equipment and fixtures, including specifications therefor; usage of the Co-branded Marks; décor; local advertising formats; and such other matters and policies as Franchisor may reasonably elect to include which relate to the operation of the Business as a co-branded food service business.
Source: Item 22 — CONTRACTS (FDD page 101)
What This Means (2025 FDD)
According to the 2025 Marble Slab Creamery FDD, the Co-Brand Addendum requires acknowledgment and consent from both Marble Slab Creamery (the Lead Franchisor) and any Co-brand involved when a franchisee wishes to operate a Co-Brand Store. This consent is crucial because it legally permits the franchisee to operate a co-branded restaurant, sell products and services authorized by both brands, and use the trademarks and other identifying marks of both Marble Slab Creamery and the Co-brand. This ensures that the franchisee is authorized to represent both brands and operate the co-branded business in accordance with the agreements of both franchisors.
The Co-Brand Addendum outlines specific permissions granted to the franchisee, including the ability to offer and sell products and services from both the Lead Franchisor (Marble Slab Creamery) and the Co-brand, as well as the right to use and display the trademarks of both brands. It also allows the franchisee to remodel the business location to incorporate the branding elements of the Co-brand, subject to the specifications and guidelines of both Marble Slab Creamery and the Co-brand. This coordinated approach ensures that the co-branded store maintains the standards and brand identity of both franchises.
However, the franchisee's permission to operate as a co-branded restaurant is limited to the specific business location covered by the addendum. The franchisee acknowledges that the permissions granted do not extend to any other restaurant or business they may own or operate. This prevents the unauthorized use of the Co-brand's menu items, products, or trademarks at other locations without proper authorization. The Co-Brand Addendum also states that Marble Slab Creamery is authorized to supervise and assist the franchisee's operation of the co-branded business on behalf of the Co-brand. Following the execution of the addendum, the Co-brand or Marble Slab Creamery will provide the franchisee with an operations manual or an addendum to Marble Slab Creamery's manual, along with product and menu specifications, and other guidelines necessary to operate the co-branded business effectively.
In summary, the Co-brand's acknowledgment and consent in the Co-Brand Addendum is essential for a Marble Slab Creamery franchisee to legally and operationally run a co-branded store. It defines the scope of the franchisee's rights and responsibilities, ensures compliance with both franchise systems, and maintains brand consistency across the co-branded business. Prospective franchisees should carefully review the terms of the Co-Brand Addendum to understand their obligations and the permissions granted to them when operating a co-branded Marble Slab Creamery location.