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What is the dependency for a Carls Jr. franchisee to participate in the Program incentives?

Carls_Jr Franchise · 2025 FDD

Answer from 2025 FDD Document

ANT FRANCHISE AGREEMENT**

THIS ADDENDUM to the Carl's Jr. Restaurant Franchise Agreement dated as of
, ("Franchise Agreement") between Carl's Jr. Restaurants LLC ("CJR") and ("Franchisee") is entered into simultaneously with
the Franchise Agreement.

RECITALS

  • A. In order to stimulate the development of new franchised Carl's Jr. Restaurants and the continued expansion of the System at eligible travel center and goas and convenience locations, CJR has established the 2025 CJR development incentive program ("Program").
  • B. To be eligible for the Program, the following requirements must be satisfied: (i) Franchisee must sign a Development Agreement for the development of a newly-constructed Carl's Jr. Restaurant by no later than May 24, 2026 or Franchisee must sign a Franchise Agreement for the development of a newly constructed Hardee's Restaurant pursuant to the terms of a Development Agreement dated no later than May 24, 2026, (ii) Franchisee must open the newlyconstructed Carl's Jr. Restaurant(s) by the date(s) outlined in the corresponding Development Agreement or Franchise Agreement, (iii) Franchisee may not be in default of its obligations under its existing franchise agreements or related agreements with CJR or its affiliates, (iv) Franchisee must be approved for growth by CJR and its affiliates, (vi) Franchisee must satisfy CJR's thencurrent financial and operational requirements for new restaurant development, and (v) Franchisee and the Carl's Jr. Restaurant(s) otherwise meet the requirements of the Program.
    • C. Franchisee and the Franchised Restaurant are eligible to participate in the Program.
  • D. Consequently, CJR and Franchisee are entering into this Addendum to modify the Franchise Agreement to reflect the Franchisee's participation in the Program incentives.

AGREEMENT

NOW, THEREFORE, in consideration of the mutual covenants, agreements and obligations set forth below, the parties, intending to be legally bound, agree to amend the Franchise Agreement as follows:

1. Reduced Royalty and APO for Limited Period of Time.

Notwithstanding anything to the contrary contained in the Franchise Agreement, CJR agrees that each of the royalty fee and APO to be paid by Franchisee for the Franchised Restaurant will be reduced by: (A) 3% of Gross Sales for Gross Sales accruing during the Franchised Restaurant's first 12 months of operation under the Franchise Agreement; (B) 2% of Gross Sales for Gross Sales accruing during the Franchised Restaurant's second 12 months of operation under the Franchise Agreement; and (C) 1% of Gross Sales for Gross Sales accruing during the Franchised Restaurant's third 12 months of operation under the Franchise Agreement. Thereafter and during the remaining Initial Term of the Franchise Agreement the royalty fee will revert to 4%

of Gross Sales and the APO will revert to 5.5% of Gross Sales. The royalty fee and APO to be paid pursuant to this Addendum are set forth in Exhibit 1.

  • 2. Other Development Incentive Programs. Franchisee acknowledges and agrees that, by signing this Addendum, it will not be entitled, with respect to the Franchised Restaurant, to any other incentive that have been or may be offered by CJR.
  • **3.

Source: Item 21 — FINANCIAL STATEMENTS (FDD page 75)

What This Means (2025 FDD)

According to the 2025 Carls Jr. Franchise Disclosure Document, there are several requirements that must be satisfied for a franchisee to be eligible for the 2025 CJR development incentive program. These requirements include signing a Development Agreement for a newly-constructed Carls Jr. Restaurant by May 24, 2026, or signing a Franchise Agreement for a newly constructed Hardee's Restaurant under a Development Agreement dated no later than May 24, 2026. The franchisee must also open the newly-constructed Carls Jr. Restaurant(s) by the dates outlined in the corresponding agreements.

Additionally, the franchisee must not be in default of their obligations under existing franchise or related agreements with CJR or its affiliates. The franchisee must also be approved for growth by CJR and its affiliates and satisfy CJR's then-current financial and operational requirements for new restaurant development. Finally, both the franchisee and the Carls Jr. Restaurant(s) must meet all other requirements of the Program.

For the Travel Center Program, the Carls Jr. Restaurant must be located at a travel center or gas and convenience location within ½ mile of an interstate or limited access highway, including a high rise pylon sign, billboard, or other highway sign. The travel center location must be opened under a Development Agreement dated no later than May 24, 2026. The franchisee must open the Franchise Restaurants from a travel center location by the dates outlined in the Development Agreement and must not be in default of obligations with CJR or its affiliates. The franchisee must be approved for growth, satisfy financial and operational requirements, and meet all requirements of the Travel Center Program.

Carls Jr. also stipulates that if the Franchised Restaurant opens six months prior to the "Opening Date" identified in the Development Agreement, CJR will waive collection of the remaining $15,000 Initial Franchise Fee. However, by signing the Addendum, the franchisee will not be entitled to any other incentives offered by CJR. The Addendum and Program will terminate if the franchisee fails to open the restaurant on or before 120 days after the contractual opening date or receives a written notice of default during the first three years of operation and fails to cure it.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.