Is a Moes Southwest Grill franchisee required to offer Catering Services and Delivery Services?
Moes_Southwest_Grill Franchise · 2025 FDDAnswer from 2025 FDD Document
- 4.3 Catering Services and Delivery Services. We require you to offer catering services ("Catering Services") and delivery services ("Delivery Services") and you must do so in accordance with the terms of the Manuals and this Agreement. You may only provide Delivery Services through a TPS that we approve or designate. If a TPS is unavailable to provide Delivery Services for your Franchised Business, you may not be required to offer Delivery Services, subject to our written approval. You acknowledge that we, our affiliates, and other franchisees may provide Catering Services and Delivery Services near your Franchised Business. We retain the right to revise and/or make exceptions to our Catering Services and Delivery Services policies as they apply to you and our other franchisees. We reserve the right to limit the geographic area in which you provide Catering Services and/or Delivery Services.
Source: Item 22 — Contracts (FDD page 92)
What This Means (2025 FDD)
According to Moe's Southwest Grill's 2025 Franchise Disclosure Document, franchisees are generally required to offer both catering and delivery services. Specifically, the FDD states that Moe's Southwest Grill requires franchisees to offer catering services and delivery services, and they must do so according to the terms outlined in the manuals and the Franchise Agreement.
However, there is a conditional exception to the delivery services requirement. If a third-party service (TPS) is unavailable to provide delivery services for a franchisee's location, the franchisee may not be required to offer delivery services. This exception is subject to written approval from Moe's Southwest Grill.
Moe's Southwest Grill also clarifies that it, its affiliates, and other franchisees can provide catering and delivery services near a franchisee's location. Moe's Southwest Grill retains the right to revise or make exceptions to its catering and delivery services policies and can limit the geographic area in which a franchisee provides these services. This means that while franchisees are generally required to offer these services, Moe's Southwest Grill maintains control over the policies and can adjust them as needed.