Under what conditions can Potbelly Sandwich Works enter the premises?
Potbelly_Sandwich_Works Franchise · 2025 FDDAnswer from 2025 FDD Document
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- Potbelly has the right, without being guilty of trespass or any other crime or tort. to enter the Premises at any time or from time to time during the term of the Lease (i) to make any modification or alteration it considers necessary to protect the Potbelly System and marks, (ii) to
cure any default under the Franchise Agreement or under the Lease, or (iii) to remove the distinctive elements of the Potbelly trade dress upon the Franchise Agreement's expiration or termination. Neither Potbelly nor Landlord shall be responsible to Franchisee for any damages Franchisee might sustain as a result of action Potbelly takes in accordance with this provision. To the extent Potbelly exercises its rights hereunder, Potbelly shall repair or reimburse Landlord for the cost of any damage to the Premises' walls, floor, or ceiling resulting from Potbelly's removal of trade dress items and other property from the Premises.
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 has specific rights to enter a franchisee's premises under certain conditions. Potbelly Sandwich Works can enter the premises at any time during the lease term without being considered a trespasser.
Potbelly Sandwich Works may enter the premises to make modifications or alterations deemed necessary to protect the Potbelly Sandwich Works system and trademarks. They can also enter to address any defaults under the Franchise Agreement or the lease itself. Additionally, Potbelly Sandwich Works can enter to remove distinctive elements of the Potbelly Sandwich Works trade dress upon the expiration or termination of the Franchise Agreement.
Neither Potbelly Sandwich Works nor the landlord will be held responsible for any damages the franchisee sustains as a result of Potbelly Sandwich Works's actions taken in accordance with these provisions. However, Potbelly Sandwich Works is obligated to repair or reimburse the landlord for any costs associated with damage to the premises' walls, floor, or ceiling resulting from the removal of trade dress items and other property.