Under what circumstances does Marble Slab Creamery Franchising, LLC have the right to enter the premises?
Marble_Slab_Creamery Franchise · 2025 FDDAnswer from 2025 FDD Document
eement, Franchisee will be permitted to use the Premises for the operation of the Restaurant and for no other purpose.
Subject to applicable zoning laws and deed restrictions, Landlord consents to Franchisee's installation and use of such trademarks, service marks, signs, decor items, color schemes, and related components of the Marble Slab Creamery system as Company may from time to time prescribe for the Restaurant.
Landlord agrees to promptly and timely furnish Company with copies of all letters and notices, including but not limited to notifications relating to extensions, renewals, and pre-emptive expirations, it sends to Franchisee pertaining to the Lease and the Premises.
Company will have the right, but not the obligation, without being guilty of trespass or any other crime or tort, to enter the Premises at any time or from time to time (i) to make any modification or alteration it considers necessary to protect the Marble Slab Creamery system and marks, (ii) to cure any default under the Franchise Agreement or under the Lease, or (iii) to remove the distinctive elements of the Marble Slab Creamery trade dress upon the Franchise Agreement's expiration or termination. Neither Company nor Landlord will be responsible to Franchisee for any damages Franchisee might sustain as a result of action Company takes in accordance with this provision. Company will reasonably repair or reasonably reimburse Landlord for the cost of damage to the Premises' walls, floor or ceiling resulting from Company's removal of trade dress items and other property from the Premises.
Franchisee will be permitted to assign the Lease to Company or its designee, in Company's sole right and discretion, and Landlord consents to such an assignment and agrees not to impose any assignment fee or similar change, or to increase or accelerate rent under the Lease, in connection with such an assignment.
Source: Item 22 — CONTRACTS (FDD page 101)
What This Means (2025 FDD)
According to the 2025 Marble Slab Creamery Franchise Disclosure Document, Marble Slab Creamery Franchising, LLC has the right to enter the premises under specific circumstances. The company can enter the premises at any time to make modifications or alterations deemed necessary to protect the Marble Slab Creamery system and marks. This ensures brand consistency and adherence to company standards.
Additionally, Marble Slab Creamery has the right to enter the premises to cure any default under the Franchise Agreement or the Lease. This provision allows the company to take corrective action if the franchisee fails to meet their obligations, such as maintaining the premises or adhering to operational standards. The company can also enter the premises to remove the distinctive elements of the Marble Slab Creamery trade dress upon the Franchise Agreement's expiration or termination, ensuring that the location no longer represents the brand after the agreement ends.
It is important to note that Marble Slab Creamery is not responsible to the franchisee for any damages the franchisee might sustain as a result of action the company takes in accordance with this provision. However, Marble Slab Creamery will reasonably repair or reimburse the landlord for the cost of damage to the premises' walls, floor, or ceiling resulting from the company's removal of trade dress items and other property from the premises. Furthermore, upon termination or expiration of the agreement, if the franchisee fails to make required modifications to distinguish the premises from other Marble Slab Creamery restaurants, the Franchisor has the right to enter the premises to make such changes at the franchisee's expense.