What is the exclusive means by which Costa Vida Fresh Mexican Grill approves a proposed site?
Costa_Vida_Fresh_Mexican_Grill Franchise · 2025 FDDAnswer from 2025 FDD Document
We will approve or reject each site for which you submit to us a complete Site Approval Package in accordance with Section 3.A of the Franchise Agreement and, if we approve the site, we will do so by delivering our standard Site Approval Letter. Our Site Approval Letter, duly signed by us, is the exclusive means by which we approve a proposed site, and no other direct or indirect representation, approval or acceptance, whether in writing or verbally, by any of our officers, employees or agents, shall be effective or bind us. We will use all reasonable efforts to make a site approval decision and, if the site is approved, deliver a Site Approval Letter to you within 30 days after we receive the complete Site Approval Package and any other materials we have requested. In deciding whether to approve or reject a site you propose, we may consider such factors as we, in our sole discretion, deem appropriate, including the general location and neighborhood, population, growth, income, and other potential customer demographics information, traffic patterns, access, visibility, location of other retail food establishments (including other Costa Vida Restaurants) and size, condition, configuration, appearance and other physical characteristics of the site. Neither our approval of a proposed site, nor any information communicated to you regarding our standard site selection criteria or the proposed site, constitutes a warranty or representation of any kind, express or implied, as to the suitability of the proposed site, but merely signifies that we are willing to grant a franchise for a Costa Vida Restaurant at that location in accordance with the terms of the Franchise Agreement. Your decision to develop and operate a Costa Vida Restaurant at any site is based solely on your own independent investigation of the suitability of the site for a Costa Vida Restaurant. In consideration of our approval of a proposed site, you and your Owners agree to release us, and our Affiliates, shareholders, members, officers, directors, employees, agents, successors and assigns from any and all loss, damages and liability arising from or in connection with the selection and/or approval of this site for the development of a Costa Vida Restaurant.
Source: Item 22 — CONTRACTS (FDD pages 66–67)
What This Means (2025 FDD)
According to Costa Vida Fresh Mexican Grill's 2025 Franchise Disclosure Document, the exclusive means by which they approve a proposed site is through their standard Site Approval Letter. This letter must be duly signed by Costa Vida Fresh Mexican Grill to be considered valid. No other form of representation, approval, or acceptance, whether written or verbal, from any officer, employee, or agent of Costa Vida Fresh Mexican Grill, is effective or binding.
To initiate the site approval process, a prospective Costa Vida Fresh Mexican Grill franchisee must submit a complete Site Approval Package. This package should include demographic information, traffic patterns, accessibility details, visibility assessments, the location of other retail food establishments (including existing Costa Vida Restaurants), and the size, condition, configuration, appearance, and other physical characteristics of the proposed site. The franchisee must believe in good faith that the proposed site meets Costa Vida Fresh Mexican Grill's standard selection criteria.
Costa Vida Fresh Mexican Grill aims to make a decision on site approval and, if approved, deliver the Site Approval Letter within 30 days after receiving the complete Site Approval Package and any other requested materials. In evaluating a proposed site, Costa Vida Fresh Mexican Grill may consider factors such as the general location, neighborhood demographics, traffic patterns, access, visibility, the location of other food establishments, and the physical characteristics of the site. However, the approval of a site does not constitute a warranty or representation about the site's suitability; it merely indicates that Costa Vida Fresh Mexican Grill is willing to grant a franchise for that location under the agreement's terms. The franchisee is responsible for their own independent investigation of the site's suitability.