Does Checkers provide any warranty regarding the suitability of a suggested or approved site for a Checkers restaurant?
Checkers Franchise · 2025 FDDAnswer from 2025 FDD Document
ective or bind us. We will use all reasonable efforts to make a site acceptance decision and, if the site is accepted, deliver a site acceptance letter to you, within 30 days after we acknowledge receipt of the complete site report and any other materials we have requested. In deciding whether to accept or reject a site you propose, we may consider such factors as we, in our sole discretion, deem appropriate, including the general location and neighborhood, demographic information, traffic patterns, access, visibility, location of other restaurants and food establishments (including other Restaurants) and size, condition, configuration, appearance and other physical characteristics of the site. You acknowledge and agree that, if we suggest, approve, or give you information regarding a site, our action is not a representation or warranty of any kind, express or implied, of the site's suitability for a Restaurant or any other purpose. We do not represent that we, or any of our Affiliates, owners, employees or agents, have special expertise in selecting sites. Our action indicates only that we believe that the site meets our then acceptable criteria and not that a Restaurant will be profitable or successful at the site.
Source: Item 23 — RECEIPTS (FDD pages 92–384)
What This Means (2025 FDD)
According to Checkers' 2025 Franchise Disclosure Document, Checkers does not provide any warranty, either express or implied, regarding the suitability of a site they suggest, approve, or provide information about for a Checkers restaurant. This means that while Checkers may offer assistance with site selection, their actions do not guarantee the site's profitability or success.
Checkers states that they do not represent having special expertise in site selection and that their approval only indicates the site meets their acceptable criteria at that time. These criteria, which have appeared effective at other locations, might not accurately reflect the potential of all sites. Demographic or other factors could change, altering a site's potential.
The document emphasizes that the decision to develop and operate a Checkers restaurant at any site is solely the franchisee's responsibility, based on their own independent investigation of the site's suitability. The franchisee must acknowledge and agree that Checkers is not responsible if a suggested or approved site fails to meet their expectations. This places the onus on the franchisee to conduct thorough due diligence and assess the risks associated with the location.