Under what conditions can Marble Slab Creamery withhold consent for an assignment of the Franchise Agreement?
Marble_Slab_Creamery Franchise · 2025 FDDAnswer from 2025 FDD Document
- (b) Customer shall not assign any of its rights or delegate any of its obligations under this Agreement without the prior written consent of MSF, and any such assignment lacking consent shall be null and void. This Agreement shall be binding on and shall inure to the benefit of the successors and assignees of the Customer hereto, but nothing in this Article shall be construed as a consent to any assignment of this Agreement by MSF except as provided hereinabove.
Source: Item 23 — RECEIPT (FDD pages 101–346)
What This Means (2025 FDD)
According to Marble Slab Creamery's 2025 Franchise Disclosure Document, a franchisee cannot assign any of their rights or delegate any obligations under the Franchise Agreement without the prior written consent of Marble Slab Creamery. If a franchisee attempts to make an assignment without this consent, the attempted assignment will be considered null and void.
This requirement for prior written consent gives Marble Slab Creamery significant control over who becomes a new franchisee. It allows them to ensure that any potential new franchisee meets their standards and is capable of upholding the brand's reputation and operational requirements. This is a common practice in franchising, as the success of individual franchise units can impact the overall brand.
This provision protects Marble Slab Creamery by ensuring that franchisees are carefully vetted and approved, maintaining consistency and quality across all franchise locations. For a prospective franchisee, this means they cannot simply sell or transfer their franchise to anyone without Marble Slab Creamery's approval. They should be prepared to present a qualified buyer who meets the franchisor's criteria.