Are the appendices and schedules attached to the Moes Southwest Grill agreement considered part of the agreement?
Moes_Southwest_Grill Franchise · 2025 FDDAnswer from 2025 FDD Document
THIS FRANCHISE AGREEMENT (this "Agreement") is made and entered into as of the date specified in Schedule A (the "Effective Date") (Schedule A and all appendices and schedules attached to this Agreement are hereby incorporated by this reference) between the franchisor specified in Schedule A ("Franchisor," "we," "us," or "our") and the franchisee specified in Schedule A ("Franchisee," "you," or "your").
Source: Item 22 — Contracts (FDD page 92)
What This Means (2025 FDD)
According to the 2025 Moe's Southwest Grill Franchise Disclosure Document, the appendices and schedules attached to the Franchise Agreement are incorporated by reference and are considered part of the agreement. Specifically, Schedule A, which contains key terms and information, along with all other appendices and schedules, are included as part of the agreement. This means that all the terms and conditions outlined in those schedules are legally binding.
This incorporation is a standard legal practice in franchising to ensure that all related documents are considered part of the main agreement. For a prospective franchisee, this means that they need to carefully review not only the main Franchise Agreement but also all attached schedules and appendices. These attachments often contain critical details about fees, responsibilities, and operational requirements.
For example, Schedule A may specify the effective date of the agreement, approved products, and the primary trademark. Other schedules might cover personal covenants, guarantees, state law addenda, and multi-unit addenda. Ignoring these schedules could lead to misunderstandings or non-compliance with the franchise terms. Therefore, a thorough review with legal counsel is essential to fully understand the obligations and rights as a Moe's Southwest Grill franchisee.