Is Checkers required to provide prior notice before inspecting a Checkers Franchised Restaurant?
Checkers Franchise · 2025 FDDAnswer from 2025 FDD Document
12. INSPECTIONS OF THE FRANCHISED RESTAURANT.
12.01 Inspections. We and our designated agents have the right at any reasonable time and without prior notice to: (a) inspect the Franchised Restaurant; (b) observe, photograph, audio-tape and/or video tape the operations of the Franchised Restaurant; (c) remove samples of any food and beverage products, materials or supplies for testing and analysis; and (d) interview personnel and customers of the Franchised Restaurant. You agree to cooperate fully with such activities. You acknowledge that any evaluation or inspection that we or our designated agents or representatives conduct is conducted in order to protect our interests in the System and the Marks and is not intended to exercise, and does not constitute, in whole or in part, control over the day-to-day operation of the Franchised Restaurant and you agree to never contend otherwise.
Source: Item 22 — CONTRACTS (FDD pages 91–92)
What This Means (2025 FDD)
According to Checkers' 2025 Franchise Disclosure Document, Checkers does not have to provide prior notice before inspecting a franchised restaurant. The FDD states that Checkers and its designated agents have the right to inspect the restaurant at any reasonable time and without prior notice.
This means that Checkers can conduct inspections of the Franchised Restaurant at any reasonable time without informing the franchisee beforehand. These inspections can include observing, photographing, audio-taping, and/or video-taping the restaurant's operations. Checkers can also remove samples of food and beverage products, materials, or supplies for testing and analysis, as well as interview personnel and customers.
The franchisee is required to cooperate fully with these inspection activities. The FDD clarifies that these evaluations and inspections are intended to protect Checkers' interests in its system and marks, and do not constitute control over the day-to-day operations of the franchised restaurant.
In addition to physical inspections, Checkers also has the right to inspect, copy, and audit the franchisee's books, records, tax returns, and documents relating to the restaurant's development, ownership, lease, occupancy, or operation at any time during business hours and without prior notice.