Is the Site Selection Area for a Marble Slab Creamery franchise exclusive?
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
1.7.2 to produce, license, distribute and market products and services under the Proprietary Marks, including food and beverage products; books; clothing; souvenirs and novelty items; through any outlet (regardless of proximity to the Accepted Location), including grocery stores, supermarkets and convenience stores and through any distribution channel, at wholesale or retail, including by means of the Internet or Internet web site, mail order catalogs, direct mail advertising and other distribution methods; and to advertise and promote the System through any means, including the Internet.
Source: Item 22 — CONTRACTS (FDD page 101)
What This Means (2025 FDD)
According to the 2025 Marble Slab Creamery Franchise Disclosure Document, the license granted to a franchisee is nonexclusive. Marble Slab Creamery retains the right to operate or license others to operate restaurants under its trademarks at any location, regardless of proximity to the franchisee's location. This includes traditional restaurants, as well as restaurants and other facilities at Non-Traditional Venue/Excluded Venues.
Marble Slab Creamery also reserves the right to offer catering services and mobile units for special events at any location. Additionally, they can operate restaurants under different names than "Marble Slab Creamery" at any location. This means a franchisee's territory is not protected from competition from other Marble Slab Creamery outlets or related businesses.
Furthermore, Marble Slab Creamery retains the right to produce, license, distribute, and market products and services under its trademarks through any outlet, including grocery stores, supermarkets, convenience stores, and through any distribution channel, such as the Internet. This broad reservation of rights by the franchisor means that a franchisee's business could be impacted by various channels and locations operated by Marble Slab Creamery or its licensees.
Prospective franchisees should be aware that their investment in a Marble Slab Creamery franchise does not guarantee an exclusive territory. They may face competition from other Marble Slab Creamery locations, alternative concepts, and various distribution channels. It is important to carefully consider the potential impact of this non-exclusivity on the profitability of the franchise.