Under what condition is a Moes Southwest Grill franchisee not required to offer delivery services?
Moes_Southwest_Grill Franchise · 2025 FDDAnswer from 2025 FDD Document
We require you to provide catering services and delivery services, and you must do so in accordance with any restrictions and guidelines that we may establish in the Manuals or otherwise in writing. You may only provide delivery services through a TPS that we approve or designate. If a TPS is unavailable to provide delivery services for your Restaurant, you may not be required to offer delivery services, subject to our written approval. We, our affiliates, and our other franchisees may provide catering and delivery services anywhere, including near your Restaurant. We retain the right to revise and/or make exceptions to our catering and delivery policies as they apply to you and our other franchisees.
Source: Item 16 — Restrictions on What the Franchisee May Sell (FDD pages 76–77)
What This Means (2025 FDD)
According to the 2025 Moe's Southwest Grill FDD, franchisees are generally required to provide delivery services. However, there is an exception. If a Third-Party Supplier (TPS) is unavailable to provide delivery services for a franchisee's restaurant, the franchisee may not be required to offer delivery services. This exception is subject to written approval from Moe's Franchisor SPV LLC.
This condition protects franchisees from being forced to offer delivery services when there are no viable third-party options available. It also gives Moe's Southwest Grill some control over the situation, as the franchisee needs written approval to forgo delivery services. This ensures that the decision is made on a case-by-case basis, considering the specific circumstances of the restaurant's location and the availability of delivery services.
It's important to note that Moe's Southwest Grill, its affiliates, and other franchisees can provide catering and delivery services anywhere, including near a franchisee's restaurant. Moe's Southwest Grill also retains the right to revise or make exceptions to its catering and delivery policies. This highlights the importance of franchisees staying informed about any changes to these policies and understanding their obligations regarding catering and delivery services.