Under what circumstances can Moes Southwest Grill terminate a franchisee's access to the computer systems?
Moes_Southwest_Grill Franchise · 2025 FDDAnswer from 2025 FDD Document
Period), if we do not exercise our right to terminate the Agreement, we may, at our sole election and upon delivery of written notice to you, take any or all of the following actions:
- A. Suspend your access and use of the System or our websites (including your access or use of website pages), our applications, or our online ordering platforms;
- B. Suspend your or the Franchised Business's participation in any programs or benefits we offer, including any programs or benefits that are funded by Advertising Contributions;
- C. Suspend any other services that we or our affiliates provide to you under this Agreement or any other agreement;
- D. Suspend or terminate any temporary or permanent fee reductions to which we might have agreed (whether as a policy, in an amendment to this Agreement, or otherwise);
- E. Suspend our performance of, or compliance with, any of our obligations to you under this Agreement or other agreements; and/or
- F. Undertake or perform on your behalf any obligation or duty that you are required to, but fail to, perform under this Agreement. You will reimburse us upon demand for all costs and expenses that we or our affiliates reasonably incur in performing any such obligation or duty.
Source: Item 22 — Contracts (FDD page 92)
What This Means (2025 FDD)
According to Moe's Southwest Grill's 2025 Franchise Disclosure Document, Moe's Franchisor SPV LLC can suspend a franchisee's access and use of their system or websites, including access to website pages, applications, or online ordering platforms under specific circumstances. This action can be taken at their sole election and upon delivery of written notice to the franchisee.
Specifically, Moe's Southwest Grill may suspend access to these systems if they do not exercise their right to terminate the Franchise Agreement following a default by the franchisee. This means that instead of fully terminating the agreement, Moe's Southwest Grill can choose to temporarily restrict the franchisee's access to essential operational tools and platforms.
This suspension of access is one of several actions Moe's Southwest Grill can take, including suspending participation in programs or benefits, suspending other services provided to the franchisee, suspending fee reductions, suspending their own obligations to the franchisee, or performing the franchisee's obligations on their behalf. The FDD specifies that exercising these suspension rights does not prevent Moe's Southwest Grill from enforcing other provisions of the agreement or act as a sole remedy for default, and the franchisee must continue to meet their financial obligations during the suspension.