What assistance will FSI or its designee provide in locating a site for a Fat Shack Restaurant?
Fat_Shack Franchise · 2025 FDDAnswer from 2025 FDD Document
e following:
- a. Assistance related to the acceptance of a site for the FAT SHACK Restaurant, although Franchisee acknowledges that FSI shall have no obligation to select or acquire a site on behalf of Franchisee. FSI's assistance will consist of, at a minimum, the provision of general criteria for a satisfactory site and a determination of whether a proposed site fulfills the requisite criteria prior to formal acceptance of a site selected by Franchisee. FSI bases its approval of any proposed site on information submitted by Franchisee in a form sufficient to allow FSI to assess the proposed location. Site selection, acquisition and development shall be the sole obligation of Franchisee, except as may be set forth in this Agreement or any other written agreement executed by FSI. Franchisee acknowledges that FSI is under no obligation to provide additional site selection services other than as may be set forth in a written, executed agreement and that FSI's acceptance of the site does not imply or guarantee the success or profitability of the site in any manner whatsoever.
- b. Standards and specifications for the build-out, interior design, layout, floor plan, signs, designs, color and decor of the FAT SHACK Restaurant.
- c. Advice regarding the standards and specifications for the equipment, supplies and materials used in, and the menu items offered for sale by, the FAT SHACK Restaurant and advice regarding the selection of suppliers for and the purchasing of such items.
- d. Guidance in implementing grand opening advertising and marketing programs, operating and sales procedures, and bookkeeping and accounting programs.
- e. Initial training in accordance with Section 7.1.
- f. If the FAT SHACK Restaurant to be opened under this Agreement is Franchisee's first FAT SHACK Restaurant, opening assistance consisting of one or more representatives of FSI on site at the Restaurant Location for not less than 30 days to assist Franchisee in opening the FAT SHACK Restaurant; provided, however, that Franchisee shall hire in advance of the opening date and be exclusively responsible for the training, compensation and control of its employees. If FSI's representatives must travel more than 100 miles and incur room and board expenses, Franchisee shall pay FSI $195.00 per day for each day the on-site opening assistance is provided.
- g. One copy of the Operations Manual, as defined and described in Article 8, which shall be loaned to Franchisee during the term of this Agreement.
- h. Upon payment of the purchase price therefor, FSI or its supplier will provide Franchisee with an initial starting package of certain supplies and materials for use in the FAT SHACK Restaurant.
9.2.
Source: Item 23 — Receipts (FDD pages 53–223)
What This Means (2025 FDD)
According to Fat Shack's 2025 Franchise Disclosure Document, FSI will provide assistance related to site acceptance for a Fat Shack Restaurant. However, the franchisee acknowledges that FSI has no obligation to select or acquire a site on their behalf. FSI's assistance includes providing general criteria for a satisfactory site and determining whether a proposed site meets these criteria before formal acceptance. This determination is based on information submitted by the franchisee in a sufficient form for FSI to assess the location.
Site selection, acquisition, and development are the sole responsibility of the franchisee, unless otherwise agreed in writing. FSI is not obligated to provide additional site selection services beyond what is outlined in a written agreement. The franchisee acknowledges that FSI's acceptance of a site does not guarantee its success or profitability. The franchisee is responsible for the final decision regarding the selection of a suitable site.
Furthermore, before entering into any contract for the purchase or lease of premises for a Fat Shack Restaurant, the franchisee must obtain prior written approval from FSI and sign a Subsequent Franchise Agreement related to the specific location. FSI will assist in the selection and approval of locations according to the terms of the Subsequent Franchise Agreement. The franchisee can request additional assistance from FSI beyond what is described in the Initial Franchise Agreement, related to site selection, feasibility studies, and lease negotiations. If FSI agrees to provide such assistance, it reserves the right to charge the franchisee for all associated expenses, including travel, lodging, and hourly fees for the time spent by FSI's employees.