factual

Under what conditions can the Marble Slab Creamery Franchise Agreement be modified?

Marble_Slab_Creamery Franchise · 2025 FDD

Answer from 2025 FDD Document

| s. | Modification of the agreement | Section 20 | Except for changes we can make, no amendment without mutual written consent | | s. | Modification of the agreement | Section 10.10 | Modifications must be in writing and signed by you and us. | | s. | Modification of the Agreement | Section 7.12 | No amendment unless signed by us (or our affiliate). | | s. | Modification of the Agreement | Section 11.3 | No amendment unless signed by all members (but additional members may be admitted with the consent of more than 75% of the percentage interests). |

Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 74–85)

What This Means (2025 FDD)

According to the 2025 Marble Slab Creamery Franchise Disclosure Document, the conditions under which the Franchise Agreement can be modified depend on the specific agreement type. For the standard Franchise Agreement, Section 20 states that modifications require mutual written consent from both Marble Slab Creamery and the franchisee, except for changes that Marble Slab Creamery can make unilaterally.

For the Multi-Unit Restaurant Agreement, Section 10.10 specifies that modifications must be in writing and signed by both Marble Slab Creamery and the franchisee. This ensures that any changes to the agreement are formally documented and agreed upon by both parties, providing clarity and legal enforceability.

In contrast, the Management Agreement has a different modification clause. Section 7.12 states that no amendment is valid unless signed by Marble Slab Creamery or its affiliate. This means that the franchisee does not have the same level of input or control over modifications to the Management Agreement as they do with the Franchise Agreement or Multi-Unit Restaurant Agreement. For the LLC Operating Agreement, Section 11.3 states that no amendment is valid unless signed by all members, but additional members may be admitted with the consent of more than 75% of the percentage interests.

Prospective franchisees should carefully review which agreement applies to their specific situation and understand the implications of these modification clauses. It is important to note the differences in how each agreement can be altered, as this affects the franchisee's rights and obligations during the term of the franchise.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.