For a Moes Southwest Grill franchise, is the franchisee restricted to operating solely at the Accepted Location?
Moes_Southwest_Grill Franchise · 2025 FDDAnswer from 2025 FDD Document
Your Restaurant may only be operated at the Accepted Location. If we have not yet accepted a site for the Restaurant when we execute the Franchise Agreement, you must select a location that we accept in accordance with our site selection criteria within a site selection area that we specify. We will determine the site selection area on a case-by-case basis. You will have no exclusive or protected rights in your site selection area.
Except for catering services and delivery services that we may allow or require, you may only sell Approved Products at retail to customers who are physically present at your Accepted Location. You may not sell Goods through the Internet or using any channel of distribution other than your Restaurant without first obtaining our written consent.
You may request to relocate your Restaurant if you lose the right to operate at the Accepted Location or provide other business justifications for the relocation. You may not relocate your Restaurant unless we approve the relocation in advance in writing. We have not established a set of conditions or criteria under which we evaluate or approve relocation requests, except that you must comply with our site approval process, must be in compliance with all terms of the Franchise Agreement, and must have the funds available to relocate the Restaurant and to construct a new Restaurant according to our then-current design standards. We are under no obligation to approve a proposed relocation of the Restaurant. If you lose the right to occupy the premises where you are operating your Restaurant, we may, in our sole discretion, terminate your Franchise Agreement.
Source: Item 12 — Territory (FDD pages 68–72)
What This Means (2025 FDD)
According to the 2025 Moes Southwest Grill Franchise Disclosure Document, franchisees are generally restricted to operating their restaurant at the specific 'Accepted Location.' Moes Southwest Grill dictates that the restaurant may only operate at the accepted location. If a site hasn't been accepted when the Franchise Agreement is executed, the franchisee must select a site that meets Moes Southwest Grill's criteria within a specified site selection area, which Moes Southwest Grill determines on a case-by-case basis. The franchisee does not receive exclusive or protected rights in the site selection area.
Moes Southwest Grill allows for exceptions such as catering and delivery services, which may extend beyond the physical location, but these are subject to the franchisor's guidelines and restrictions. Franchisees may only sell approved products to customers physically present at the accepted location, and online sales or alternative distribution channels require written consent from Moes Southwest Grill.
Relocation of the Moes Southwest Grill restaurant is possible if the franchisee loses the right to operate at the accepted location or has other business justifications, but it requires advance written approval from Moes Southwest Grill. The franchisor has not established a specific set of criteria for relocation approval, but compliance with the site approval process, adherence to the Franchise Agreement terms, and availability of funds for relocation and construction to current design standards are necessary. Moes Southwest Grill is under no obligation to approve a proposed relocation, and the Franchise Agreement may be terminated if the franchisee loses the right to occupy the premises.