Does Potbelly Sandwich Works have the right to reject any site that doesn't meet their criteria?
Potbelly_Sandwich_Works Franchise · 2025 FDDAnswer from 2025 FDD Document
In deciding whether to accept or reject a site you propose, we may consider such factors as we, in our sole discretion, deem appropriate, including the general location and neighborhood, demographic information, traffic patterns, access, visibility, location of other restaurants and food establishments (including other Potbelly Shops) and size, condition, configuration, appearance and other physical characteristics of the site.
However, we have the absolute right not to accept any site not meeting these criteria.
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.
Source: Item 23 — RECEIPTS (FDD pages 79–355)
What This Means (2025 FDD)
According to Potbelly Sandwich Works' 2025 Franchise Disclosure Document, they retain the absolute right to reject any proposed site that does not meet their criteria. In deciding whether to accept or reject a site, Potbelly Sandwich Works may consider factors such as the general location, neighborhood, demographic information, traffic patterns, access, visibility, the location of other restaurants and food establishments (including other Potbelly Shops), and the size, condition, configuration, appearance, and other physical characteristics of the site.
Potbelly Sandwich Works aims to make a site acceptance decision within 30 days after acknowledging receipt of the complete site report and any other requested materials. The site acceptance letter, duly executed by Potbelly Sandwich Works, serves as the exclusive means by which they accept a proposed site. No other representation, approval, or acceptance, whether written or verbal, from any officer, employee, or agent of Potbelly Sandwich Works, is effective or binding.
While Potbelly Sandwich Works may offer suggestions, approvals, or information regarding a site, these actions do not constitute a representation or warranty of any kind regarding the site's suitability for a Potbelly Shop or any other purpose. The company does not claim special expertise in selecting sites and only indicates that the site meets their then-acceptable criteria, not that a Potbelly Shop will be profitable or successful at the site. The document emphasizes that the franchisee's decision to develop and operate a Potbelly Shop at any site should be based solely on their own independent investigation of the site's suitability.