Can Marble Slab Creamery waive the Lease Rider requirement?
Marble_Slab_Creamery Franchise · 2025 FDDAnswer from 2025 FDD Document
Before you make a binding commitment to purchase, lease, or sublease a site, we must approve in writing the proposed lease or purchase agreement or any letter of intent between you and the third-party seller or lessor. If you lease the site, unless we waive the requirement in writing, you must arrange for the signing of the Lease Rider in the form that is attached to the Franchise Agreement. You must enter into, and provide us with a fully executed copy of, the purchase agreement and/or site lease and Lease Rider (unless we waive the Lease Rider requirement in writing), as applicable, within the earlier to occur of: (i) 10 days after full execution of the site lease or purchase agreement, as applicable; or (ii) 240 days after the Effective Date of the Franchise Agreement (the "Site Securitization Deadline"). (Franchise Agreement - Section 5.1(b)).
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS AND TRAINING (FDD pages 53–62)
What This Means (2025 FDD)
According to Marble Slab Creamery's 2025 Franchise Disclosure Document, the franchisor has the option to waive the Lease Rider requirement. Specifically, before a franchisee makes a binding commitment to lease a site, Marble Slab Creamery must approve the proposed lease agreement.
The FDD states that if a franchisee leases a site, they must arrange for the signing of a Lease Rider in the form attached to the Franchise Agreement, unless Marble Slab Creamery waives this requirement in writing. The franchisee must then provide Marble Slab Creamery with a fully executed copy of the site lease and Lease Rider, if applicable, within a specified timeframe. This timeframe is either 10 days after the full execution of the site lease or 240 days after the Effective Date of the Franchise Agreement, whichever comes first.
This clause provides Marble Slab Creamery with flexibility in individual cases. For a prospective franchisee, this means that while a Lease Rider is typically required, there is a possibility of obtaining a waiver, which could simplify the leasing process. However, the waiver must be obtained in writing to be valid.