What is the definition of 'Bottler Bottle/Can Beverage' in the context of the Coca-Cola agreement for Moes Southwest Grill?

According to Moe's Southwest Grill's 2025 Franchise Disclosure Document, a 'Bottler Bottle/Can Beverage' is defined within the context of the Coca-Cola Company Moe's Franchisee Participation Agreement. Specifically, it refers to a Bottle/Can Beverage that a Moe's Southwest Grill franchisee purchases directly from an authorized Coca-Cola bottler for sale at their Covered Outlets. This definition is important because the agreement outlines specific terms and conditions related to these beverages, separate from other types of beverages like Fountain Beverages. The agreement only applies to Covered Outlets located in areas where the Bottler is authorized to distribute, promote, market, and sell Company Bottle/Can Beverages.

This distinction has several implications for a prospective Moe's Southwest Grill franchisee. First, it clarifies the source from which they must purchase these specific beverages: directly from a Coca-Cola Bottler. Second, it means that the terms of the agreement, such as pricing and availability, apply specifically to these beverages and not necessarily to other beverages the franchisee might sell. The franchisee needs to ensure their outlet is within the bottler's authorized territory to be covered by this agreement.

Furthermore, the agreement stipulates that a line of Bottler Bottle/Can Beverages, as agreed upon by both parties, will be made available for sale at each Covered Outlet, subject to availability from the Bottler. All Bottle/Can Beverages served must be Bottler Bottle/Can Beverages, although Bottle/Can Beverage Permitted Exceptions are allowed. Moe's Southwest Grill franchisees should understand that the prices for these beverages are set at the sole discretion of the Bottler, with potential price ceilings to be negotiated and added to the agreement. The Bottler may also provide Cold Drink Equipment and service, subject to negotiation and agreement.