Can Marble Slab Creamery withhold approval for a co-brand for any reason?
Marble_Slab_Creamery Franchise · 2025 FDDAnswer from 2025 FDD Document
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If you wish to operate a co-brand restaurant with a brand that is not our affiliate, you must submit to us all information that we request, including, for example (i) any existing agreements you have with the other brand relating to an existing restaurant that you operate in the other brand's franchise system, (ii) any proposed agreements that you desire to enter into with the other brand for the operation of the other concept in conjunction with your Restaurant, and (iii) any proposed modifications to the agreements that we have reviewed over the course of the term of your Franchise Agreement. Before you enter into any agreements with a proposed co-brand location, you must receive our written approval of each proposed other brand and each proposed agreement. We may withhold our approval for any reason, in our sole discretion. We may require your co-brand partner to be one of our affiliates.
The terms that apply to your operation of the any co-brand restaurant also are included in the form of Franchise Agreement.
In addition, on a limited basis, certain of our affiliates currently offer franchises that you may co-brand with a Restaurant.
Source: Item 1 — THE FRANCHISOR, AND ANY PARENTS, PREDECESSORS AND AFFILIATES (FDD pages 10–16)
What This Means (2025 FDD)
According to the 2025 Marble Slab Creamery FDD, if a franchisee wishes to operate a co-brand restaurant with a brand that is not one of Marble Slab Creamery's affiliates, the franchisee must submit all requested information to Marble Slab Creamery. This includes any existing agreements with the other brand or proposed agreements for operating the other concept alongside the Marble Slab Creamery restaurant.
Marble Slab Creamery requires written approval of each proposed brand and agreement before the franchisee enters into any co-branding agreements. Critically, Marble Slab Creamery may withhold its approval for any reason, at its sole discretion. This gives Marble Slab Creamery broad authority over co-branding decisions.
This level of control is not uncommon in franchising, as franchisors want to protect their brand image and ensure consistency. Marble Slab Creamery may also require the co-brand partner to be one of its affiliates, further limiting the franchisee's options. Approval for co-branding depends on criteria like space allocation, signage, minimum brand requirements, and minimum product offerings. Prospective franchisees should request disclosure documents for any brands they are considering co-branding with to understand the specific requirements and obligations involved.