Franchising Since: 2001
Headquarters: Atlanta, Georgia
Estimated Number of Units: 605
Franchise Description: The franchisor is Moe's Franchisor SPV LLC. The franchisor is a direct, wholly owned subsidiary of GoTo Foods LLC (formerly known as Focus Brands LLC). Moe’s Southwest Grill restaurants are fast casual restaurants featuring southwestern food products and other food and beverage products, which may include alcoholic beverages. Franchisees conduct business under the service mark “Moe's Southwest Grill” and any other identifying marks and symbols that are used now, or are later developed by the franchisor, and uses the franchisor’s unique system for the establishment, development and operation of a restaurant.
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Territory Granted: The restaurant may only be operated at the accepted location. Franchisees may receive a territory with limited protected rights (area of protection). The size and scope of the area of protection will be in the Franchise Agreement and will be determined on a case-by-case basis. The factors the franchisor considers in determining the size of an area of protection include current and projected market demand, demographics and population, median household income, presence of other businesses, location of competitors, traffic patterns, access and visibility, location of other restaurants, the franchisor’s future development plans and other market conditions. However, there is no minimum area of protection for a restaurant, if the franchisor grants franchisees one. If the franchisee is not granted an area of protection, the franchisee will not receive a protected territory. During the term of the Franchise Agreement, we will not establish or operate, nor license any other person to establish or operate, a restaurant operating under the proprietary marks and the system at any location within the area of protection, except in captive audience locations, delivery kitchens, and as otherwise provided in the Franchise Agreement.
Obligations and Restrictions: Franchisees are required to devote their best efforts to the proper and effective operation of the restaurant. Franchisees must appoint a primary contact who will be responsible for, and have decision-making authority regarding, the restaurant and its operation. Franchisees must have two certified managers who are dedicated to the restaurant, one of whom may also be the primary contact. Franchisees may offer in the restaurant to customers only the approved products that the franchisor has approved in writing. Franchisees must produce and sell all approved products the franchisor specifies, including all menu items, trademarked product lines, and other products and services that the franchisor requires franchisees to sell, as stated in the manuals or otherwise, which are all part of the system.
Term of Agreement and Renewal: The length of the initial franchise term is 20 years. One 20-year renewal term is available if franchisees comply with the franchisor’s renewal requirements.
Financial Assistance: The franchisor does not offer financing for trade fixtures, opening inventory, or any other purpose. The franchisor may refer franchisees to leasing or financing companies not affiliated with it. The franchisor and its affiliates receive no fees or other financial benefits from any lender for franchisees’ financing. Currently, the franchisor will not guarantee a franchisee’s note, lease, or obligation, for any lender, or any other person or entity. The franchisor may engage an advisor who will provide consulting services to franchisees to assist them with securing financing and it pays the advisor for this assistance to franchisees.
Estimated Initial Investment
Name of Fee | Low | High |
Initial Franchise Fee | $30,500 | $30,500 |
Construction and Build Out Costs | $245,000 | $1,075,400 |
Permitting | $2,300 | $17,500 |
Equipment Package | $168,000 | $256,400 |
Millwork | $21,000 | $61,800 |
Furniture | $15,000 | $30,100 |
Menu Board, Graphics, Interior Signage | $7,500 | $10,100 |
Exterior Signage | $13,900 | $22,300 |
Computer System | $13,000 | $50,100 |
Smallwares | $9,800 | $20,000 |
TV, Music | $2,400 | $5,000 |
Architect/Engineer | $9,800 | $20,000 |
Rent | $4,500 | $20,000 |
Grand Opening Marketing | $25,000 | $35,000 |
Legal and Accounting Fees | $3,500 | $50,000 |
Insurance | $1,425 | $7,550 |
Misc. Opening Costs/Office Supplies | $2,500 | $5,000 |
Security Deposits | $1,500 | $8,000 |
Management Training Program Fee | $0 | $7,500 |
Travel and Living Expenses while Training | $8,100 | $11,700 |
On-Site Training Fee | $0 | $18,300 |
Opening Inventory | $15,000 | $35,000 |
Additional Funds - 3 Months | $25,000 | $53,000 |
ESTIMATED TOTAL | $624,725 | $1,850,250 |
Other Fees
Type of Fee | Amount |
Royalty Fee | 5% of net sales. |
Advertising Contribution | Currently, 3% of net sales, but it may be increased to up to 4% of net sales. |
Advertising Cooperative Contribution | An amount set by the franchisee’s advertising cooperative. |
Local Marketing Obligation | Currently, each calendar quarter, franchisees must spend not less than 1% of net sales on local market advertising. |
Promotions and Advertising Materials | Up to 110% of the franchisor’s or its affiliates’ actual costs and expenses related to the goods franchisees purchase from the franchisor or the affiliate. |
Insufficient Funds Fee | Up to 110% of the franchisor’s or affiliates’ out-of-pocket costs and an administrative fee. |
Interest | The lesser of 1.5% per month or maximum legal interest rate. |
Late Reporting Fee | Currently, $50 per week. |
Taxes and Other Payments | The franchisor's costs and expenses. |
Subsequent Trainee Management Training Fee | Currently, $250 per trainee per day. |
On-Site Training and Assistance | A reasonable fee. Currently, $500 per trainer per day, plus their travel and living expenses. |
Additional Support/Consulting Fee | A reasonable fee. Currently, $500 per day, plus travel and living expenses. |
Conference/Program Fee | A reasonable fee, which will vary by program. |
Training Cancellation Fee | The fees for the cancelled program and the franchisor’s out-of-pocket costs. |
Learning Management System License Fee | The then-current fees. Currently, $210 per year. |
Sublease Administration Fee | The then-current fees. Currently, $200 per year. |
Lease Renewal/Extension Review Fee | The then-current fee. |
Lease Documentation Late Fee | $500 per month (or partial month) until delivered. |
Relocation Fee | 10% of the then-current initial franchise fee. |
Relocation Extension Fee | $1,500 per year that the term is extended. |
Refresh/Remodel Site Survey and Design Fee | The then-current fee. Currently, $1,200 to $6,000 depending on the scope of the required changes. |
Transfer Fee | 50% of the then-current initial franchise fee if it is a control transfer; if it is a transfer to a related party or that is a non-control transfer, 10% of the then-current initial franchise fee. |
Renewal Fee | 20% of the then-current initial franchise fee. |
Computer Systems Fee | A reasonable fee, which will vary on the services provided. |
POS System License and Lease Fees | Currently, $140 to $324 per month if franchisees purchase the POS System under the CapEx Program and $588 to $802 per month if they lease the POS System under the HaaS Program. |
POS System Support Fee | Currently, estimated to be between $125 and $250 per month. |
POS System Administration Fee | The then-current fee. |
Non-GoTo Foods Portfolio POS Menu Setup | A reasonable fee, currently estimated to be $500 per day. |
Back Office and Polling Software Fee | Currently, estimated to be between $100 and $200 per month. |
Credit Card Fees | Transaction fees are estimated to be from 2.5% to 5.0% of transaction amounts. Other fees may apply depending on the vendor used for credit card processing. |
Information Security and Compliance Fees | Currently, not charged by the franchisor or its affiliates. |
Gift Card and Loyalty Program Fees | Amount of administrative fees. |
Loyalty App Fee | Currently, $62 per month. |
Online Ordering Fee | Currently, $111 per month, plus a per transaction fee (estimated to be less than 0.04% per transaction) and additional charges based on services subscribed to. |
Ordering Support Fee | The then-current fee, which will vary based on the services provided. |
Technology Fee | The then-current fee. |
Purchasing Program Fee | Reasonable membership fees assessed by the purchasing program. |
Supply Chain Fee | Currently, $0.49 - $0.65 per case purchased through certain appointed distributors. |
Master Insurance Policy Fee | Currently not charged. |
Insurance | Amount of unpaid premiums and the franchisor’s costs. |
Guest Relations Fee | Currently, $30 for each guest complaint or other contact request that franchisees do not timely respond to or for each excessive guest complaint. |
Non-Compliance Fee | Currently, $25 to $500 for a single default, but may vary based on the severity of violations, number of violations, and repetition of violations. |
Failure to Comply with Standards or Law Fee | Currently, up to a $5,000 fee plus the franchisor’s reasonable expenses connected with any inspection, examination or analysis of products or the franchisee’s restaurant. |
Development Deadline Extension Fee | $2,500 per missed deadline. |
Repeated Inspection Fee | $500 non-compliance Fee, plus any costs the franchisor is charged by third-party inspectors or otherwise incurs. |
Reimbursement of Services After Default | All costs and expenses that the franchisor reasonably incurs. |
Audit | Cost of audit. |
Liquidated Damages | The average monthly amount of royalty that the franchisee owed the franchisor during the past 36 months times the lesser of the remainder of term of the Franchise Agreement or 36 months. |
Appraiser's Fee | 50% of appraiser's fee. |
Indemnification of Franchisor | The franchisor's cost. |
Attorneys’ Fees | The franchisor's cost. |
Reinstatement Fee | 10% of the amount of the then-current initial franchise fee, plus royalty fees that would have been payable in period between termination and reinstatement. |
De-identification Fee | The franchisor’s actual costs, plus interest and an administrative fee equal to 15% of the franchisor’s actual costs. |
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