Does Potbelly Sandwich Works have the right to reject any site that does not 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.
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, Potbelly Sandwich Works retains the absolute right to reject any proposed site that does not meet its 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 will use reasonable efforts to make a site acceptance decision and, if the site is accepted, deliver a site acceptance letter to the franchisee 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, is the exclusive means by which they accept a proposed site.
Even if Potbelly Sandwich Works suggests, approves, or provides information regarding a site, this action does not constitute a representation or warranty of any kind regarding the site's suitability for a Potbelly Shop or any other purpose. The franchisee acknowledges that the decision to develop and operate a Potbelly Sandwich Works at any site is based solely on their own independent investigation of the site's suitability.