Is Moes Southwest Grill obligated to assist franchisees in selecting a proposed site?
Moes_Southwest_Grill Franchise · 2025 FDDAnswer from 2025 FDD Document
While we may assist you in selecting a proposed site, we are not obligated to do so. We or our affiliates typically do not lease or sublease locations for Restaurants, but we may do so from time to time. (Franchise Agreement, Section 5.2)
We expect you to retain an independent expert to evaluate the suitability of a proposed site and to conduct your independent investigation of the site. We disclaim any responsibility for the suitability of the Accepted Location. Our acceptance of the site is based on the site satisfying
Source: Item 11 — Franchisor's Assistance, Advertising, Computer Systems, and Training (FDD pages 53–68)
What This Means (2025 FDD)
According to Moes Southwest Grill's 2025 Franchise Disclosure Document, while they may offer assistance in site selection, they are not obligated to do so. However, Moes Southwest Grill will review the location selected by the franchisee to ensure it meets the brand's minimum site criteria. The franchisee cannot acquire the location until Moes Southwest Grill has accepted it. If an accepted location isn't agreed upon when the Franchise Agreement is signed, the franchisee must select a site meeting Moes Southwest Grill's criteria within a specified geographic area.
Moes Southwest Grill may require the franchisee to obtain a site selection analysis from an approved supplier, which could cost between $2,500 and $5,000. Factors considered for site approval include population density, demographics, traffic flow, pedestrian counts, visibility, parking, access, household income, and local competition. There is no specified time limit for Moes Southwest Grill to approve or disapprove a site. The franchisee is expected to retain an independent expert to evaluate the suitability of a proposed site and conduct their own investigation.
Moes Southwest Grill disclaims any responsibility for the suitability of the accepted location, and their acceptance is based solely on the site meeting minimum criteria. This acceptance should not be seen as a guarantee of the restaurant's success. The franchisee is responsible for negotiating the terms of the Site Agreement (lease, sublease, or purchase agreement) and fulfilling its obligations. Moes Southwest Grill has the right, but not the obligation, to review the Site Agreement to ensure it meets their requirements.