Does Moes Southwest Grill reserve the right to use any media in its advertising programs?
Moes_Southwest_Grill Franchise · 2025 FDDAnswer from 2025 FDD Document
ed from contributions to the Ad Fund in a separate account from our other money. Our Restaurants will contribute to the Ad Fund in the same manner and in the same amounts as similarly-situated franchised Restaurants. Our other franchisees may not be required to contribute to the Ad Fund, may be required to contribute to the Ad Fund at a different rate than you, or may be required to contribute to a different advertising fund.
We or an affiliate will administer the Ad Fund. We have sole authority to direct all advertising programs and promotions and uses of the Ad Fund, with sole control over the creative concepts, materials, and media used in the programs, and the placement and allocation of advertising. We reserve the right to use any media, create any programs, and allocate advertising and promotional expenditures to any regions or locales we deem appropriate.
Source: Item 11 — Franchisor's Assistance, Advertising, Computer Systems, and Training (FDD pages 53–68)
What This Means (2025 FDD)
According to the 2025 Moes Southwest Grill FDD, Moes Southwest Grill has sole authority over advertising programs and promotions, including creative concepts, materials and media used. Moes Southwest Grill reserves the right to use any media it deems appropriate for advertising and promotional expenditures.
Moes Southwest Grill's advertising is intended to maximize public recognition of the Moes Southwest Grill system. The advertising programs may include television, radio, magazine, newspaper, and digital advertising campaigns. They may also employ public relations firms and advertising agencies to assist in these activities.
Moes Southwest Grill is not obligated to spend money from the Ad Fund equivalent to a franchisee's contributions, ensure that a franchisee benefits directly from advertising, or ensure that advertising impacts a franchisee's specific area. This means that while franchisees contribute to the Ad Fund, Moes Southwest Grill has complete discretion over how those funds are spent and is not required to provide any direct or proportional benefit to individual franchisees or their locations.