factual

Does Checkers' approval of a franchise transfer release the transferring franchisee and their Owners from claims or waive their obligation to ensure the transferee's compliance?

Checkers Franchise · 2025 FDD

Answer from 2025 FDD Document

  • 13.03 Effect of Approval.

Our approval of a transfer of the Franchise does not constitute: (a) a representation as to the fairness of the terms of any agreement or arrangement between you or your Owners and the transferee or as to the prospects of success of the Franchised Restaurant by the transferee; or (b) a release of you and your Owners, a waiver of any claims against you or your Owners or a waiver of our right to demand the transferee's exact compliance with this Agreement.

Any approval shall apply only to the specific transfer of the Franchise being proposed and shall not constitute an approval of, or have any bearing on, any other transfer of the Franchise.

Source: Item 22 — CONTRACTS (FDD pages 91–92)

What This Means (2025 FDD)

According to Checkers' 2025 Franchise Disclosure Document, Checkers' approval of a franchise transfer does not release the transferring franchisee and their Owners from claims or waive their obligation to ensure the transferee's compliance. Specifically, Checkers' approval of a transfer does not represent the fairness of the terms between the transferor and transferee, nor does it guarantee the transferee's success.

Furthermore, Checkers' approval does not waive any claims against the transferring franchisee or their Owners. It also does not waive Checkers' right to demand the transferee's strict adherence to the franchise agreement. This means that even after a transfer is approved, the original franchisee and their Owners may still be held liable for any breaches or non-compliance, and Checkers retains the right to enforce the agreement against the new franchisee.

It is important to note that any approval granted by Checkers applies solely to the specific transfer being proposed and has no bearing on any other potential transfers of the franchise. This ensures that each transfer is evaluated independently and does not set a precedent for future transactions. This provision protects Checkers' interests by ensuring continued compliance with the franchise agreement, even after a transfer of ownership.

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.