factual

Are contributions to the Advertising Cooperative for Moes Southwest Grill franchisees in addition to the Advertising Contribution and Grand Opening Obligation?

Moes_Southwest_Grill Franchise · 2025 FDD

Answer from 2025 FDD Document

Any contributions that you make to an Advertising Cooperative shall be additional to your Advertising Contribution as specified in Section 3.2.B. (Advertising Contribution) and your Grand Opening Obligation as specified in Section 10.1.C. (Grand Opening Advertising).

Source: Item 22 — Contracts (FDD page 92)

What This Means (2025 FDD)

According to Moes Southwest Grill's 2025 Franchise Disclosure Document, contributions to an Advertising Cooperative are indeed in addition to both the Advertising Contribution and the Grand Opening Obligation. This means that franchisees should anticipate these cooperative advertising costs as separate from their other advertising expenses. However, payments to the Advertising Cooperative can be credited against the Local Marketing Obligation. This provides a potential offset, but franchisees must still budget for these additional advertising expenses.

Moes Southwest Grill may require franchisees to participate in an Advertising Cooperative, which could be local, regional, or national. The specific Advertising Cooperative will be designated by Moes Southwest Grill based on factors like the Designated Market Area. The payments to the Advertising Cooperative are determined by the participants, including the franchisee, other franchisees, and Moes Southwest Grill, as outlined in the cooperative's by-laws or membership agreements. Franchisees are obligated to adhere to the agreements and decisions made by the Advertising Cooperative.

It's important to note that if a franchisee becomes delinquent in their payments to the Advertising Cooperative or fails to comply with its agreements, it will be considered a material breach of the Franchise Agreement. However, if Moes Southwest Grill collects the entire Local Marketing Obligation from the franchisee, the franchisee will not be required to participate in an Advertising Cooperative. This offers a potential alternative for franchisees who prefer not to engage directly with a cooperative.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.