Under what conditions can the Marble Slab Creamery franchisor cure a franchisee's default?
Marble_Slab_Creamery Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
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 has the right, but not the obligation, to enter the premises of a franchise location to cure any default under the Franchise Agreement or the lease. This action can be taken without being considered guilty of trespass or any other crime or tort.
Marble Slab Creamery may make any modifications or alterations it considers necessary to protect the Marble Slab Creamery system and marks. Additionally, Marble Slab Creamery can remove the distinctive elements of the Marble Slab Creamery trade dress upon the Franchise Agreement's expiration or termination.
However, neither Marble Slab Creamery nor the Landlord will be responsible to the franchisee for any damages the franchisee might sustain as a result of action Marble Slab Creamery takes in accordance with this provision. Marble Slab Creamery will reasonably repair or reasonably reimburse Landlord for the cost of damage to the Premises' walls, floor or ceiling resulting from Marble Slab Creamery's removal of trade dress items and other property from the Premises.