Under what circumstances does attendance at a Marble Slab Creamery meeting constitute a waiver of notice?
Marble_Slab_Creamery Franchise · 2025 FDDAnswer from 2025 FDD Document
- 4.7 Waiver of Notice. When any notice is required to be given to any Member, a waiver thereof in writing signed by the Member entitled to such notice, whether before, at, or after the time stated therein, shall be equivalent to the giving of such notice. Attendance at a meeting shall constitute waiver of notice of the meeting unless the Member at the beginning of the meeting objects to holding the meeting or transacting business at the meeting.
Source: Item 23 — RECEIPT (FDD pages 101–346)
What This Means (2025 FDD)
According to the 2025 Marble Slab Creamery Franchise Disclosure Document, attendance at a meeting of members constitutes a waiver of notice for that meeting. However, this waiver is conditional. A member can avoid waiving notice by objecting to the meeting at the beginning. Specifically, the member must object to holding the meeting or transacting business at the meeting.
This condition protects franchisees from being bound by decisions made at meetings they attend without proper notice. Without this protection, Marble Slab Creamery could potentially hold meetings on short notice and use franchisee attendance as a blanket waiver of any notice requirements, even if the franchisee was unaware of the meeting's purpose or agenda.
This type of waiver provision is fairly standard in franchise agreements and corporate governance. It balances the need for efficient decision-making with the rights of members to be informed about important matters. Franchisees should be aware of this provision and be prepared to object at the beginning of any meeting if they feel they have not received adequate notice or information.