What disclaimer does Potbelly Sandwich Works provide regarding site suggestions or approvals?
Potbelly_Sandwich_Works Franchise · 2025 FDDAnswer from 2025 FDD Document
You acknowledge and agree that, if we suggest, approve, or give you information regarding a site, our action is not a representation or warranty of any kind, express or implied, of the site's suitability for a Potbelly Shop or any other purpose.
We do not represent that we, or any of our Affiliates, owners, employees or agents, have special expertise in selecting sites.
Our action indicates only that we believe that the site meets our then acceptable criteria and not that a Potbelly Shop will be profitable or successful at the site.
Applying criteria that have appeared effective with other sites and premises might not accurately reflect the potential for all sites and premises, and demographic and/or other factors included in or excluded from our criteria could change, altering the potential of a site and premises.
The uncertainty and instability of these criteria are beyond our control, and we are not responsible if a site and premises we suggest or approve for the location of a Potbelly Shop fails to meet your expectations.
Accordingly, you acknowledge and agree that your decision to develop and operate a Potbelly Shop at any site is based solely on your own independent investigation of the suitability of the site for a Potbelly Shop.
Source: Item 23 — RECEIPTS (FDD pages 79–355)
What This Means (2025 FDD)
According to Potbelly Sandwich Works's 2025 Franchise Disclosure Document, any site suggestions, approvals, or information provided by Potbelly Sandwich Works regarding a potential location for a franchise should not be interpreted as a representation or warranty of the site's suitability or potential profitability. Potbelly Sandwich Works explicitly states that their approval only indicates that the site meets their criteria at that time, and not that a Potbelly Sandwich Works shop will be successful at that location.
Potbelly Sandwich Works emphasizes that the criteria they use to evaluate sites may not accurately predict the potential of all locations. Demographic and other factors can change, affecting a site's potential. The document makes it clear that these factors are beyond Potbelly Sandwich Works's control, and they are not liable if a site they suggest or approve does not meet the franchisee's expectations.
Therefore, Potbelly Sandwich Works requires franchisees to acknowledge that their decision to develop and operate a Potbelly Sandwich Works shop at any site is based solely on their own independent investigation of the site's suitability. This disclaimer underscores the importance of franchisees conducting thorough due diligence and not relying solely on the franchisor's suggestions or approvals. Franchisees are urged to seek independent advice and analysis to determine if a location is right for their Potbelly Sandwich Works franchise.