Is the Site Selection Area granted to a Marble Slab Creamery franchisee exclusive?

According to Marble Slab Creamery's 2025 Franchise Disclosure Document, the Site Selection Area granted to a franchisee is not exclusive. While a franchisee is given a Site Selection Area, which indicates the general area where they should locate their restaurant, Marble Slab Creamery retains the right to conduct business activities under any name, in any geographic area, and at any location, regardless of proximity to the franchisee's Accepted Location. This means that Marble Slab Creamery can establish or license franchises or company-owned outlets selling similar products and services under the Proprietary Marks or other names, symbols, or marks, without granting the franchisee any exclusivity in the Site Selection Area.

Marble Slab Creamery also retains the right to sell or license others to sell products and services through alternative distribution channels, including e-commerce, using the Proprietary Marks. They can also advertise anywhere using the Proprietary Marks and establish or license stores under the Proprietary Marks at any location. Additionally, Marble Slab Creamery can acquire existing stores and convert them to the Marble Slab Creamery name or operate them under another name, either directly or through licensees, and be acquired by or merge with other companies.

However, if Marble Slab Creamery decides to establish or grant another franchise within the same shopping center or mall where the franchisee's restaurant is located (the Refusal Area), the franchisee has a right of first refusal to acquire an additional franchise to operate the proposed restaurant, provided they are in full compliance with the Franchise Agreement. To exercise this right, the franchisee must notify Marble Slab Creamery in writing of their intent to purchase the new restaurant within 14 days of receiving notice of Marble Slab Creamery's intention to establish a new restaurant.