What is the effect if the address is not inserted into Exhibit B after Checkers approves the site?
Checkers Franchise · 2025 FDDAnswer from 2025 FDD Document
Upon our approval of a site, we will insert its address into Exhibit B, and it will be the Premises. The failure to insert such address into in Exhibit B shall not automatically affect the enforceability of this Agreement.
Source: Item 22 — CONTRACTS (FDD pages 91–92)
What This Means (2025 FDD)
According to Checkers' 2025 Franchise Disclosure Document, the failure to insert the address into Exhibit B after site approval does not automatically invalidate the enforceability of the Franchise Agreement. Exhibit B of the Franchise Agreement typically contains the address of the approved location for the Checkers restaurant.
This clause protects Checkers in case of administrative oversights. Even if the address is missing from Exhibit B, the agreement remains in effect. This means the franchisee is still bound by the terms and conditions outlined in the Franchise Agreement, including obligations to operate the restaurant according to Checkers' standards and pay royalties and fees.
However, it is crucial for a franchisee to ensure the address is correctly recorded in Exhibit B as soon as possible to avoid potential disputes or confusion regarding the designated location of the franchise. While the omission doesn't automatically void the agreement, having the correct address formally documented protects both the franchisee and Checkers by clearly defining the restaurant's location. Franchisees should proactively communicate with Checkers to rectify any such errors and obtain a fully accurate agreement.