conditional

If a Checkers franchisee breaches any criteria in Section 2 of the Addendum, what payments are they obligated to make?

Checkers Franchise · 2025 FDD

Answer from 2025 FDD Document

4. Additional Condition(s).

  • b. If you breach, fail to satisfy, or are later found to have violated or failed to satisfy, any of the criteria listed in Section 2 above in this Addendum, at any point during the Term, then in addition to any other remedies available under the Franchise Agreement (including termination) or at applicable law, you must pay us (no later than thirty (30) days after our written notice to you) the amount or value of any fee reduction, discount, or other benefit afforded to you hereunder.

Source: Item 22 — CONTRACTS (FDD pages 91–92)

What This Means (2025 FDD)

According to Checkers's 2025 Franchise Disclosure Document, if a franchisee breaches any of the criteria in Section 2 of the Addendum, they are obligated to make specific payments to Checkers. This obligation arises if the franchisee fails to satisfy or violates any of the criteria listed in Section 2 of the Addendum at any point during the term of the franchise agreement.

In such a case, the franchisee must pay Checkers the amount or value of any fee reduction, discount, or other benefit that was initially afforded to them under the Addendum. This payment must be made no later than thirty (30) days after receiving written notice from Checkers. This requirement is in addition to any other remedies that Checkers may pursue under the Franchise Agreement, including termination, or any remedies available under applicable law.

For a prospective Checkers franchisee, this means that any initial benefits received, such as fee reductions or discounts, are contingent upon compliance with the criteria in Section 2 of the Addendum. Failure to meet these criteria can result in a financial obligation to repay the value of those initial benefits. It is crucial for franchisees to understand and adhere to these criteria to avoid potential financial penalties and other legal repercussions.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.