What is the exception to the enforceability of the Checkers agreement if the address is not inserted into Exhibit B?
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 restaurant site address into Exhibit B of the franchise agreement does not automatically invalidate the agreement.
This means that even if the specific location isn't formally documented in Exhibit B, the Checkers franchise agreement can still be considered enforceable. However, the FDD does not elaborate on the conditions under which the agreement remains enforceable or the implications of not having the address in Exhibit B.
Prospective franchisees should seek clarification from Checkers regarding the circumstances in which the agreement would still be enforceable without the address in Exhibit B. Understanding the specific requirements for site approval and the process for documenting the approved location is crucial before signing the franchise agreement.