What maintenance obligations does a Moes Southwest Grill franchisee have regarding the cleanliness and repair of the franchised business?
Moes_Southwest_Grill Franchise · 2025 FDDAnswer from 2025 FDD Document
You acknowledge and agree that it is in your best interest, and in the best interests of the franchise network, that your Franchised Business be clean, up-to-date, well-maintained, and well-appointed.
You must continuously maintain the interior and exterior of the Franchised Business (including the parking lot, walkways, and landscaping that is part of the Accepted Location), and all furniture, fixtures, equipment, décor, and signage in or at the Franchised Business, in the highest degree of cleanliness, orderliness, sanitation, and repair in accordance with all applicable Laws and Standards.
You agree, at your expense and at intervals that we may periodically designate, as needed, or at our direction, to promptly take the following
continuing maintenance actions throughout the Term: (i) thorough cleaning (which may include professional cleaning), (ii) repainting and making minor alterations to the décor of the interior and exterior of the Franchised Business; (iii) interior and exterior repair of the Franchised Business; and (iv) repair or replacement of damaged, worn-out, malfunctioning, non-functioning, or obsolete furniture, fixtures, equipment, décor, and signage. You may not make any material alteration to the interior or exterior of the Franchised Business without our prior written consent.
12.6 Refreshes and Remodels.
- A.
Refresh.
Within six months after the fifth and the fifteenth anniversaries of the Opening Date, you must, at your sole expense and in accordance with our then-current Standards and directives, refresh, refurbish, and renovate the Franchised Business to meet our then-current operational and branding Standards (a "Refresh").
Generally, a Refresh will require you to add, update, and/or replace components of the Franchised Business (including merchandising elements, graphics, paint or wall coverings, menu boards, interior and exterior signage, kitchen equipment, drive-thru equipment, Computer System components, and other furniture, fixtures, equipment, and décor that we may specify in our sole discretion) to meet our then-current Standards without significantly altering your Franchised Business' layout or structure.
Source: Item 22 — Contracts (FDD page 92)
What This Means (2025 FDD)
According to the 2025 Moe's Southwest Grill FDD, franchisees are responsible for maintaining a clean, updated, and well-maintained business. This includes both the interior and exterior of the restaurant, encompassing the parking lot, walkways, landscaping, furniture, fixtures, equipment, décor, and signage. The standard of maintenance must be of the highest degree of cleanliness, orderliness, sanitation, and repair, adhering to all applicable laws and standards.
The franchisee is obligated to perform continuing maintenance actions at their own expense, with the frequency determined by Moe's Southwest Grill. These actions include thorough cleaning (potentially involving professional services), repainting, minor alterations to the interior and exterior décor, interior and exterior repairs, and the repair or replacement of any damaged, worn-out, malfunctioning, or obsolete items. However, franchisees cannot make any significant changes to the interior or exterior of the restaurant without prior written consent from Moe's Southwest Grill.
In addition to continuous maintenance, franchisees must also undertake a more significant Refresh of their location. Within six months after the fifth and fifteenth anniversaries of the restaurant's opening date, the franchisee is required to refresh, refurbish, and renovate the location to meet the then-current operational and branding standards of Moe's Southwest Grill. This Refresh typically involves updating or replacing components such as merchandising elements, graphics, paint, wall coverings, menu boards, signage, kitchen equipment, computer systems, and other furniture and décor, without substantially altering the restaurant's layout or structure. These refreshes are also at the franchisee's sole expense.