If the landlord proposes renewals, extensions, modifications, and amendments to the lease, is the landlord required to provide notice of these to Checkers?
Checkers Franchise · 2025 FDDAnswer from 2025 FDD Document
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- Landlord agrees to: (a) furnish to Franchisor a copy of any default notice served on Tenant and/or another lessee under the Lease simultaneously with the service of the notice to Tenant and/or such other lessee; (b) provide Franchisor with notice of any proposed renewals, extensions, modifications and amendments to the Lease; (c) give Franchisor the opportunity, but Franchisor shall not be required, to cure any default by Tenant or other lessee under the Lease within 15 days following the expiration of any applicable cure period if Tenant and/or such other lessee fail to cure such default; and (d) to furnish to Franchisor, at Franchisor's request, a copy of any sales or operating information for the Premises provided by Tenant. All notices to Franchisor shall be sent to the following address: Checkers Drive-In Franchised Restaurants, Inc., 4300 West Cypress Street, Suite 600, Tampa, Florida 33607, Attn: Legal Department, unless Landlord is notified otherwise in writing by Franchisor. No notice to Tenant shall be effective unless and until a copy thereof is served upon Franchisor.
Source: Item 22 — CONTRACTS (FDD pages 91–92)
What This Means (2025 FDD)
According to Checkers' 2025 Franchise Disclosure Document, if a landlord proposes any renewals, extensions, modifications, or amendments to the lease agreement, the landlord is required to provide notice of these to Checkers. Specifically, the landlord must furnish Checkers with notice of any proposed changes to the lease. This ensures that Checkers is informed of any alterations to the lease agreement that could affect the franchisee's operation.
This requirement protects Checkers' interests by allowing them to stay informed about the lease terms and conditions. It also gives Checkers the opportunity to assess the proposed changes and their potential impact on the franchise. By receiving these notices, Checkers can ensure that the lease terms continue to align with their brand standards and operational requirements.
For a prospective Checkers franchisee, this clause offers an added layer of security. It ensures that the franchisor is actively involved in overseeing the lease agreement and is aware of any proposed changes. This can be particularly beneficial in resolving any disputes or issues that may arise with the landlord during the lease term.