In the Checkers franchise agreement, what terms are used to refer to the franchisee?
Checkers Franchise · 2025 FDDAnswer from 2025 FDD Document
| 1. 2. | Background. Franchisor and Area Franchisee are parties to that certain Development Agreement dated , concurrently with the entering of this Rider. This Rider is annexed to and forms part of the Agreement. developed by Area Franchisee pursuant to the Agreement will be located in the Commonwealth of Virginia. jurisdictional requirements of the Virginia Retail Franchising Act and any regulations thereunder are met independently without reference to this Rider. Development Fee. Section 2.01 shall be amended by adding the following: | ("Agreement") that has been entered into This Rider is being executed because the Restaurant(s) to be This Rider shall be of no force and effect unless the | |----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------| | | | | | | The Virginia State Corporation Commission's Division of Securities and Retail Franchising requires Franchisor to defer payment of the development fee and other initial payments owed by Area Franchisee to Franchisor until Franchisor has completed all of its entered into pursuant to the Development Agreement. | pre-opening obligations under the first franchise agreement | | 3. | | | | No disclaimer, questionnaire, clause, or statement signed by a franchisee in connection | | | | with the commencement of the franchise relationship shall be construed or interpreted as | | | | waiving any claim of fraud in the inducement, whether common law or statutory, or as | | | | disclaiming reliance on or the right to rely upon any statement made or information provided | | | | by any franchisor, broker or other person acting on behalf of the franchisor that was a | | | | material inducement to a franchisee's investment. This provision supersedes any other or | | | | inconsistent term of any document executed in connection with the franchise. | | | | | CHECKERS DRIVE-IN RESTAURANTS, INC. A Delaware Corporation | AREA FRANCHISEE | | By: | | By: | Checkers/Rally's April 2025
Title: Title:
RIDER TO THE CHECKERS DRIVE-IN RESTAURANTS, INC. FRANCHISE AGREEMENT FOR USE IN CALIFORNIA, INDIANA, MICHIGAN, RHODE ISLAND, AND WISCONSIN
This Rider DRIVE-IN RESTAURANTS, INC., a Delaware Street, Suite 710, Tampa, Florida , ("Franchisee"). (the "Rider") is made and entered into by and between CHECKERS corporation located at 4300 West Cypress 33607 ("Franchisor"), and whose principal business address is 1. Background. Franchisor and Franchisee are parties to that certain Franchise Agreement that has been signed at the same time as the signing of this Rider (the "Franchise Agreement"). This Rider is part of the Franchise Agreement. 2. The following No Waiver of Disclaimer of Reliance in Certain States.
Source: Item 22 — CONTRACTS (FDD pages 91–92)
What This Means (2025 FDD)
According to Checkers' 2025 Franchise Disclosure Document, the terms "Franchisee" and "you" are used to refer to the franchisee in various contexts within the franchise agreement. The term "Franchisee" is used in legal contexts, such as in the Rider to the franchise agreement and in clauses outlining the relationship between Checkers and the franchisee. For example, the Rider specifies that it is made between Checkers Drive-In Restaurants, Inc. ("Franchisor") and the franchisee, identified by their principal business address ("Franchisee").
The term "you" is used more directly when outlining the franchisee's rights and obligations. For instance, the agreement states, "You have applied for a franchise to own and operate a Restaurant" and "we grant to you the right, and you assume the obligation, to operate a Restaurant at the Premises." This direct address clarifies the franchisee's role and responsibilities in the operation of the Checkers restaurant. The agreement also uses "I", "me", or "my" when referring to the franchisee in the context of agreements like the Nondisclosure and Non-Competition Agreement.
These different terms are used to ensure clarity and legal precision within the franchise agreement, depending on the specific clause and its intent. A prospective Checkers franchisee should be aware of these terms and understand their implications as they relate to their rights, obligations, and relationship with the franchisor.