Does the Checkers Franchise Disclosure Document include the franchise agreement?
Checkers Franchise · 2025 FDDAnswer from 2025 FDD Document
| PROVISION | SECTION IN FRANCHISE OR OTHER AGREEMENT | SUMMARY | |
|---|---|---|---|
| t. | Integration/merger clause | Section 18.11 | Only the terms of Franchise Agreement are binding (subject to state law); any representations or promises made outside the disclosure document and franchise agreement may not be enforceable. However, nothing in the Franchise Agreement or any related agreement is intended to disclaim our representations made in this Disclosure Document. |
| u. | Dispute resolution by negotiation, mediation & arbitration | Section 18.05 | All controversies, disputes or claims shall on demand by either party be arbitrated. |
| v. | Choice of forum | Section 18.05 | If dispute is not arbitrated, then Florida state and federal courts (subject to state law, see Exhibits I and J). |
| w. | Choice of law | Section 18.07 | Subject to state law, Florida law applies generally, except for applicable franchise laws of other states (see Exhibits I and J). |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION THE FRANCHISE RELATIONSHIP (FDD pages 66–71)
What This Means (2025 FDD)
According to Checkers's 2025 Franchise Disclosure Document, Item 17 provides details on various aspects of the franchise agreement, indicating its presence within the document.
The table in Item 17 outlines key provisions within the franchise agreement and other related agreements. These provisions cover a range of topics, including termination conditions, transfer processes, non-competition covenants, and dispute resolution mechanisms. Each provision is linked to a specific section within the franchise or other agreement, offering a summary of its content.
For example, the table references sections detailing Checkers's right of first refusal (Section 13.06), conditions for transfer approval (Section 13.02), and the franchisee's obligations upon termination or nonrenewal (Section 16). The integration/merger clause (Section 18.11) specifies that only the terms of the Franchise Agreement are binding, subject to state law, and that the Franchise Agreement does not disclaim representations made in the Disclosure Document. This comprehensive overview helps potential franchisees understand the contractual obligations and rights associated with a Checkers franchise.