What restriction is placed on the activities of a Checkers franchisee that is a legal entity?
Checkers Franchise · 2025 FDDAnswer from 2025 FDD Document
I further agree that, during the term of my employment/service/association or ownership participation, I will not, directly or indirectly, engage or participate in any Competitive Business (defined below in this paragraph), any of which such prohibited behavior I understand and hereby explicitly acknowledge would or could be injurious to, or (in Franchisor's sole judgment) have an adverse effect upon, Franchisor's protectable interests in the Confidential Information, the "Checkers" trademark, or the goodwill and/or reputation of Restaurants generally. I agree that I am prohibited from engaging in any Competitive Business as a proprietor, partner, investor, shareholder, director, officer, employee, principal, agent, advisor, or consultant. For purposes of this Agreement, a "Competitive Business" means any business that: (i) operates as a restaurant or similar food-service provider and derives more than twenty percent (20%) of its revenue from selling hamburgers, cheeseburgers and hot dogs in a fast-food, quick-service, drive-thru or drive-in format; or (ii) grants franchises or licenses to others to operate the type of business specified in the preceding subparagraph (i) (other than a "Checkers" or "Rally's"branded restaurant operated under a franchise agreement with Franchisor). Despite the foregoing definition of a Competitive Business, nothing under this Agreement or the Franchise Agreement will prevent Individual from owning for investment purposes less than five percent (5%) of a Competitive Business whose stock or other forms of ownership interest are publicly traded on a recognized United States stock exchange, and so long as neither Individual nor Franchisee controls the company in question.
Source: Item 22 — CONTRACTS (FDD pages 91–92)
What This Means (2025 FDD)
According to Checkers' 2025 Franchise Disclosure Document, a franchisee that is a legal entity faces restrictions regarding competitive business activities. Specifically, during the term of their 'employment/service/association or ownership participation,' they are prohibited from directly or indirectly engaging or participating in any Competitive Business, as this could harm Checkers' protectable interests.
A 'Competitive Business' is defined as any business that (i) operates as a restaurant or similar food-service provider and derives more than twenty percent (20%) of its revenue from selling hamburgers, cheeseburgers and hot dogs in a fast-food, quick-service, drive-thru or drive-in format; or (ii) grants franchises or licenses to others to operate the type of business specified in the preceding subparagraph (i) (other than a 'Checkers' or 'Rally's'-branded restaurant operated under a franchise agreement with Franchisor).
However, there is an exception: a franchisee can own less than five percent (5%) of a Competitive Business for investment purposes, provided the stock is publicly traded on a recognized United States stock exchange and neither the individual nor the franchisee controls the company. This restriction applies to protect Checkers' confidential information, trademarks, goodwill, and reputation. This clause aims to prevent franchisees from using their knowledge and association with Checkers to benefit competing businesses during their franchise term.