What is the effect of the Illinois Rider on the payment provisions in the Checkers Development Agreement?
Checkers Franchise · 2025 FDDAnswer from 2025 FDD Document
Despite the payment provisions above, Franchisor will defer collection of all initial fees owed by Area Franchisee to Franchisor under this Agreement until Franchisor has completed all of its pre-opening obligations under the first franchise agreement entered into pursuant to this Agreement and Area Franchisee has commenced doing business under the first franchise agreement. This deferral requirement has been imposed by the Illinois Attorney General's Office based on the Franchisor's financial condition.
Source: Item 22 — CONTRACTS (FDD pages 91–92)
What This Means (2025 FDD)
According to Checkers's 2025 Franchise Disclosure Document, the Illinois Rider to the Development Agreement modifies the payment provisions outlined in Section 2.01 of the standard agreement. Specifically, Checkers will defer collecting initial fees from the Area Franchisee until Checkers has fulfilled all pre-opening obligations for the first franchise agreement under the Development Agreement, and the Area Franchisee has started business operations under that first franchise agreement.
This deferral is a direct requirement imposed by the Illinois Attorney General's Office, and it is based on Checkers's financial condition. This means that franchisees in Illinois will not have to pay the initial fees until Checkers has completed its responsibilities in setting up the first franchise location and that location is open for business.
For a prospective Checkers franchisee in Illinois, this is a significant benefit as it reduces the upfront financial burden and risk. It ensures that the franchisee only pays the initial fees after Checkers has demonstrated its commitment by fulfilling its pre-opening obligations and the business is operational. This condition provides an added layer of security for the franchisee, aligning the payment of fees with the progress of the franchise development.