In the Potbelly Sandwich Works franchise agreement, what does 'we,' 'us,' or 'our' refer to?
Potbelly_Sandwich_Works Franchise · 2025 FDDAnswer from 2025 FDD Document
| Potbelly | Franchising, | LLC ("we," | "us," or | "our") | and | the | undersigned | franchisee, |
|---|---|---|---|---|---|---|---|---|
| [insert name of franchisee entity] ("you" or "your"), currently are parties to a | ||||||||
| Franchise Agreement dated (the "Franchise Agreement") for the operation of a Potbelly Shop | ||||||||
| at You have asked us to [insert | ||||||||
| relevant detail]. We currently have no obligation under your Franchise Agreement or otherwise to | ||||||||
| [repeat relevant detail], or we have the right under the Franchise Agreement to | ||||||||
| condition our approval on your and your owners signing a release of claims. We are willing to | ||||||||
| [repeat relevant detail] if you and your owners give us the release and covenant not | ||||||||
| to sue provided below in this document. You and your owners are willing to give us the release and covenant | ||||||||
| not to sue provided below in consideration for our willingness to [repeat relevant | ||||||||
| detail]. |
Source: Item 23 — RECEIPTS (FDD pages 79–355)
What This Means (2025 FDD)
According to the 2025 Potbelly Sandwich Works Franchise Disclosure Document, the terms 'we,' 'us,' and 'our' refer to Potbelly Franchising, LLC. This is explicitly stated in Exhibit C, which is a form of general release included in the FDD.
This definition is important for prospective franchisees as it clarifies the legal entity with which they are entering into a franchise agreement. Understanding which entity 'we,' 'us,' and 'our' refers to is crucial for interpreting the rights, obligations, and responsibilities outlined in the franchise agreement. Franchisees should pay close attention to this definition when reviewing the agreement to ensure they fully understand their contractual relationship with Potbelly Sandwich Works.
Furthermore, the FDD emphasizes that in the franchise relationship, Potbelly Sandwich Works and the franchisee are independent contractors. This means neither party is an agent, joint venturer, partner, or employee of the other. Potbelly Sandwich Works and its affiliates will not exercise direct or indirect control over the Shop's personnel, except to protect the quality of products, service, or the Potbelly brand. This reinforces the franchisee's autonomy in managing their shop's operations and personnel.