Can Moes Southwest Grill vary the Standards for any franchisee as it deems necessary?
Moes_Southwest_Grill Franchise · 2025 FDDAnswer from 2025 FDD Document
- 8.4 Variances. You agree that complete uniformity under many varying geographic and other conditions, and over extended spans of time, is not practical and may be detrimental to the System, and that as a result: (i) we may vary the Standards for any franchisee as we deem necessary; (ii) we may grant franchises using the System under terms that may differ materially from the terms of this Agreement; and (iii) our obligations and rights with respect to our various franchisees may differ materially from our obligations and rights with respect to you, without in any way affecting our rights with respect to you. You will have no right to require that we disclose any variation to you or that we grant you the same or a similar variation.
Source: Item 22 — Contracts (FDD page 92)
What This Means (2025 FDD)
According to the 2025 Moe's Southwest Grill Franchise Disclosure Document, Moe's Southwest Grill retains the right to vary the standards for any franchisee as it deems necessary. This means that Moe's Southwest Grill is not obligated to maintain complete uniformity across all franchise locations due to varying geographic and other conditions.
This flexibility allows Moe's Southwest Grill to adapt its standards to suit specific market conditions or franchisee circumstances. However, the agreement also states that Moe's Southwest Grill may grant franchises under different terms and that their obligations to other franchisees may differ without affecting their rights with respect to your franchise.
As a potential franchisee, it is important to understand that Moe's Southwest Grill does not have to disclose any variations in standards or terms offered to other franchisees, nor are they obligated to grant you the same or similar variations. This could potentially create disparities between franchises and impact your competitive position. It is advisable to discuss with Moe's Southwest Grill the conditions under which such variances are granted and how they might affect your specific location and business plan.