Under what circumstances is Marble Slab Creamery not liable for failure or delay in delivery or service?

According to the 2025 Marble Slab Creamery FDD, Marble Slab Creamery is not liable for any failure or delay in delivery or service if such failure or delay is caused by events beyond its control. These events include, but are not limited to, fire, tornado, flood, earthquake, civil turmoil, labor disputes, failure or delay of transportation, or shortage or unavailability of parts or units.

Additionally, the FDD states that shipping is subject to the availability of the carriers, and Marble Slab Creamery is not responsible in any way for delays or damages caused by the carrier. This means that if a third-party shipping company causes a delay or damages goods during transit, Marble Slab Creamery will not be held liable.

This limitation of liability is a fairly standard practice in franchising, as it protects the franchisor from being held responsible for events outside of their direct control. However, it's important for prospective franchisees to understand these limitations and to factor them into their business planning. Franchisees may want to consider obtaining appropriate insurance coverage to protect themselves against potential losses due to these types of events.