What does Potbelly Sandwich Works' site approval indicate?
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' 2025 Franchise Disclosure Document, site approval indicates that the franchisor believes the location meets its then-acceptable criteria. Potbelly Sandwich Works may consider factors such as the general location, neighborhood, demographic information, traffic patterns, access, visibility, the location of other restaurants, and the size and condition of the site. However, Potbelly Sandwich Works has the absolute right to not accept any site that does not meet its criteria.
Potbelly Sandwich Works emphasizes that site approval is not a representation or warranty of any kind regarding the site's suitability or potential profitability. The document clarifies that applying criteria that have appeared effective with other locations might not accurately reflect the potential for all sites. Demographic and other factors could change, altering a site's potential.
Therefore, Potbelly Sandwich Works does not guarantee the success of a shop at the approved site, and the franchisee acknowledges that the 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 means that while Potbelly Sandwich Works provides its criteria and approval, the franchisee bears the ultimate responsibility for assessing the location's viability and potential for success.