In the event of an inconsistency between the Checkers Landlord Addendum and the Lease, which document's terms control?
Checkers Franchise · 2025 FDDAnswer from 2025 FDD Document
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- In the event of any inconsistency between the terms of this Addendum and the terms of the Lease, the terms of this Addendum control. All of the terms of this Addendum, whether so expressed or not, are binding upon, inure to the benefit of, and are enforceable by the parties and their respective personal and legal representatives, heirs, successors and permitted assigns. The provisions of this Addendum may be amended, supplemented, waived or changed only by a written document signed by all the parties to this Addendum that makes specific reference to this Addendum and which must be approved in writing by Franchisor. This Addendum may be executed in one or more counterparts, each of which is an original, but all of which together constitute one and the same instrument.
Source: Item 22 — CONTRACTS (FDD pages 91–92)
What This Means (2025 FDD)
According to Checkers's 2025 Franchise Disclosure Document, the terms of the Checkers Landlord Addendum take precedence over the terms of the Lease in the event of any inconsistency between the two documents. This is to ensure that Checkers's interests are protected in relation to the property where the franchise is located. The addendum is binding upon all parties involved, including their representatives, heirs, successors, and assigns. Any modifications to the addendum must be made in writing and approved by Checkers.
This clause is included in the franchise agreement to protect Checkers's brand and operational standards. By ensuring the Landlord Addendum controls, Checkers maintains the ability to enforce specific requirements related to the premises, even if the franchisee and landlord agree to different terms in the lease. This is a common practice in franchising, as it allows the franchisor to maintain uniformity and protect its brand standards across all locations.
For a prospective Checkers franchisee, this means that the Landlord Addendum is a critical document that must be carefully reviewed and understood. Franchisees should be aware that the terms of this addendum will override any conflicting terms in their lease agreement with the landlord. It also means that any changes to the addendum require Checkers's written approval, ensuring that the franchisee cannot make alterations to the lease that could negatively impact Checkers's interests.