Does Moes Southwest Grill have the right to review a franchisee's Site Agreement?
Moes_Southwest_Grill Franchise · 2025 FDDAnswer from 2025 FDD Document
We will have the right, but not the obligation, to review your Site Agreement prior to its execution to verify its compliance with our requirements. (Franchise Agreement, Section 5.4)
You will be solely responsible for negotiation of the terms of the Site Agreement and performance under the Site Agreement.
Source: Item 11 — Franchisor's Assistance, Advertising, Computer Systems, and Training (FDD pages 53–68)
What This Means (2025 FDD)
According to Moe's Southwest Grill's 2025 Franchise Disclosure Document, Moe's Southwest Grill has the right to review a franchisee's Site Agreement. Specifically, Moe's Southwest Grill has the right, but not the obligation, to review a franchisee's Site Agreement before it is executed. This review is to verify the Site Agreement's compliance with Moe's Southwest Grill's requirements.
This means that while franchisees are responsible for negotiating the terms of their Site Agreement (lease, sublease, or purchase agreement), Moe's Southwest Grill can ensure the agreement meets their standards before the franchisee commits to it. This is a protective measure for Moe's Southwest Grill, allowing them to maintain brand consistency and ensure locations meet certain criteria.
However, the franchisee is solely responsible for the negotiation and performance of the Site Agreement. Moe's Southwest Grill's review does not transfer any responsibility for the agreement's suitability or success to them. It is still up to the franchisee to conduct their own due diligence and ensure the site is appropriate for their Moe's Southwest Grill restaurant.