Does the Checkers franchise agreement specify any limitations on the franchisor's ability to modify invalid or unenforceable provisions?

According to the 2025 Checkers Franchise Disclosure Document, Checkers retains the right to modify any provision, specification, standard, or operating procedure within the franchise agreement that is deemed invalid or unenforceable under applicable law. This modification is at Checkers' sole discretion, but it is limited to the extent required to make the provision valid and enforceable.

This clause ensures that the franchise agreement remains compliant with changing laws and regulations. It allows Checkers to adapt the agreement without needing to renegotiate the entire contract with each franchisee. However, it also means that Checkers has the power to unilaterally change aspects of the agreement if they are found to be unenforceable, which could potentially alter the franchisee's rights or obligations.

For a prospective Checkers franchisee, this implies a degree of flexibility—or potential uncertainty—in the terms of their franchise agreement. While the modifications are intended to ensure enforceability, franchisees should be aware that changes could occur during the term of their agreement. It is advisable to seek legal counsel to understand the implications of this clause and how it might affect their specific circumstances. Franchisees should also maintain open communication with Checkers to stay informed of any modifications and their rationale.