Under what circumstances is Marble Slab Creamery responsible for hard drive crashes?
Marble_Slab_Creamery Franchise · 2025 FDDAnswer from 2025 FDD Document
- (c) MSF is not responsible for hard drive crashes unless such crash is a result of MSF's gross negligence or willful misconduct.
If a hard drive needs to be reloaded with Software, MSF will provide the standard Brand Technology System image and the restaurant specific information will be retrieved from the restaurant's system backup, if available.
MSF is not responsible for lost data due to backup failures.
Source: Item 23 — RECEIPT (FDD pages 101–346)
What This Means (2025 FDD)
According to Marble Slab Creamery's 2025 Franchise Disclosure Document, Marble Slab Creamery is only responsible for hard drive crashes if the crash results from the company's gross negligence or willful misconduct. This means that franchisees bear the risk of hard drive failures unless they can prove Marble Slab Creamery acted with extreme carelessness or intentionally caused the failure.
If a hard drive needs to be reloaded with software, Marble Slab Creamery will provide the standard Brand Technology System image. The restaurant-specific information will be retrieved from the restaurant's system backup, if available. However, Marble Slab Creamery is not responsible for lost data due to backup failures.
This allocation of responsibility is fairly typical in franchising, where franchisees often bear the risk of equipment failures and data loss, while franchisors provide limited support and software. Prospective Marble Slab Creamery franchisees should ensure they have robust data backup systems and understand their responsibilities for maintaining their technology to minimize potential losses from hard drive failures.