Regarding a Carls franchise, what rights does CJR have to enter the premises to make modifications or alterations?
Carls Franchise · 2024 FDDAnswer from 2024 FDD Document
Following reasonable notice to Landlord, CJR shall have the right to enter the Premises to make any modifications or alterations necessary to protect the "Carl's Jr. Restaurant System" and the Proprietary Marks and to cure any Tenant default under the Lease within the time periods provided by the Lease, and charge Tenant for all costs incurred in making such modifications or alterations and for curing any such default, all without being guilty of trespass or other tort.
Source: Item 23 — RECEIPTS (FDD pages 80–480)
What This Means (2024 FDD)
According to the 2024 Carls Franchise Disclosure Document, CJR has specific rights to enter the premises of a Carls Jr. restaurant to make modifications or alterations under certain conditions. Following reasonable notice to the landlord, CJR has the right to enter the premises to make modifications or alterations that are deemed necessary to protect the "Carl's Jr. Restaurant System" and the Proprietary Marks. This ensures that the brand's standards and trademarks are maintained.
Additionally, CJR can enter the premises to cure any tenant default under the lease within the time periods provided by the lease. If the franchisee (tenant) fails to meet their obligations under the lease, CJR can step in to correct the default. The franchisee will be charged for all costs incurred by CJR in making these modifications or alterations and for curing any such default.
These actions can be taken by CJR without being considered guilty of trespass or other tort. This provision protects CJR from legal claims related to their entry and work on the premises, provided they are acting to protect the Carls Jr. system or cure a default. This clause is part of an agreement between the landlord and tenant, ensuring that the landlord acknowledges and agrees to these rights of CJR.