Under what conditions is a Marble Slab Creamery franchisee not provided a copy of the Manual on loan?
Marble_Slab_Creamery Franchise · 2025 FDDAnswer from 2025 FDD Document
terminate this Agreement and all rights granted hereunder, without affording Franchisee any opportunity to cure the default, effective immediately upon receipt of notice by Franchisee, upon the occurrence of any of the following events:
- 13.2.1 If Franchisee fails to open the Restaurant in accordance with Sections 5.8 through 5.12.
- 13.2.2 If Franchisee shall abandon the Restaurant. For purposes of this Agreement, "abandon" shall refer to (i) Franchisee's failure, at any time during the Term, to keep the Restaurant open and operating for business for a period of 5 consecutive days, except as provided in the Manual, (ii) Franchisee's failure to keep the Restaurant open and operating for any period after which it is not unreasonable under the facts and circumstances for Franchisor to conclude that Franchisee does not intend to continue to operate the Restaurant at the Location, unless such failure to operate is due to Force Majeure (subject to Franchisee's continuing compliance with this Agreement), (iii) failure to actively and continuously maintain and answer the telephone listed by Franchisee for the Restaurant solely with the "MARBLE SLAB CREAMERY" name; (iv) the loss of possession of the Accepted Location; or (v) closing of the Restaurant required by Applicable Law if such closing was not the result of a violation of this Agreement by Franchisor. Notwithstanding the foregoing, if any "abandonment" results from a Governmental Authority's exercise of the power of eminent domain, or if, through no fault of Franchisee, the premises are damaged or destroyed, then Franchisee will have 30 days after
either such event in which to apply for Franchisor's approval to relocate or reconstruct the premises, which approval will not be unreasonably withheld.
- 13.2.3 If Franchisee (or, if Franchise is other than an individual, any of Franchisee's Owners) is convicted of a felony, a crime involving moral turpitude, or any other crime or offense that Franchisor believes is reasonably likely to have an adverse effect on the System, the Proprietary Marks, the goodwill associated therewith, or Franchisor's interest therein.
Source: Item 22 — CONTRACTS (FDD page 101)
What This Means (2025 FDD)
Based on the 2025 Franchise Disclosure Document, the circumstances under which a Marble Slab Creamery franchisee would not receive a copy of the Manual on loan are not explicitly detailed in the provided excerpts. The excerpts do mention the Manual in the context of franchisee responsibilities and defaults, such as keeping the restaurant open as provided in the Manual, and in relation to electronic systems approved in the Manuals for delivering notices. However, the conditions for not receiving the Manual are not specified.
A prospective Marble Slab Creamery franchisee should inquire with the franchisor about the specific conditions under which the Manual would not be provided. This is crucial for understanding the full scope of their obligations and the resources available to them. Knowing when a franchisee might not have access to the Manual is essential for assessing the risks and responsibilities associated with the franchise.
Without clear information in the FDD excerpts, it is difficult to determine if there are any situations where a franchisee would be denied the Manual. It is possible that the Manual is always provided, or that there are specific circumstances, such as a breach of contract, where access is revoked. Direct clarification from Marble Slab Creamery is necessary to fully understand this aspect of the franchise agreement.