What is the effect of the franchisee's release to Checkers regarding the selection of the Premises?

According to Checkers' 2025 Franchise Disclosure Document, franchisees release Checkers from liability regarding the selection and acceptance of the premises. Specifically, in exchange for Checkers' acceptance of a proposed restaurant location, the franchisee and their owners release Checkers, its affiliates, officers, directors, employees, and agents from any loss, damage, or liability connected to the selection or acceptance of the premises for development as a Checkers restaurant.

This means that franchisees bear the ultimate responsibility for ensuring the chosen site is suitable for their Checkers restaurant. While Checkers may offer assistance in analyzing the market area and determining site feasibility, their approval of a site does not constitute a guarantee of its profitability or success.

Checkers also disclaims any special expertise in site selection and emphasizes that their approval only indicates that the site meets their criteria at that time. Factors influencing a site's potential can change, and Checkers is not liable if a site they suggest or approve fails to meet the franchisee's expectations. Therefore, prospective Checkers franchisees should conduct their own thorough and independent investigation of a site's suitability before committing to a franchise agreement.