factual

Can the Potbelly Sandwich Works Franchise Agreement be modified, and if so, how?

Potbelly_Sandwich_Works Franchise · 2025 FDD

Answer from 2025 FDD Document

PROVISION SECTION IN FRANCHISE OR OTHER AGREEMENT SUMMARY
s. Modification of the agreement 17.J. of Franchise Agreement; 10.14 of SDAA Competitive Business No modifications generally except by written agreement signed by both parties, but we may change Operations Manual and System Standards

Source: Item 17 — RENEWAL, TERMINATION, TRANSFER, AND DISPUTE RESOLUTION (FDD pages 58–65)

What This Means (2025 FDD)

According to Potbelly Sandwich Works's 2025 Franchise Disclosure Document, the Franchise Agreement can generally only be modified through a written agreement signed by both Potbelly Sandwich Works and the franchisee. This means that any changes to the original agreement must be formally documented and agreed upon in writing by both parties to be considered valid.

However, Potbelly Sandwich Works retains the right to unilaterally change the Operations Manual and System Standards. This is a common practice in franchising, allowing the franchisor to adapt the operating procedures and standards of the franchise system without requiring the franchisee's explicit consent for each change. These modifications are typically related to the day-to-day operations of the business and are intended to maintain consistency and quality across all franchise locations.

This provision in the Potbelly Sandwich Works Franchise Agreement highlights the importance of carefully reviewing the entire agreement before signing. While the core terms of the agreement are protected from unilateral changes, franchisees must be aware that Potbelly Sandwich Works can make changes to the Operations Manual and System Standards, which could impact how the business is run. Franchisees should seek clarification on the scope and potential impact of these changes during their due diligence process.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.