What rights does Checkers have to enter the Premises to make modifications to protect its intellectual property?
Checkers Franchise · 2025 FDDAnswer from 2025 FDD Document
Landlord agrees that Franchisor shall have the right to enter the Premises to make any modifications or alterations necessary in Franchisor's sole dis
Source: Item 22 — CONTRACTS (FDD pages 91–92)
What This Means (2025 FDD)
According to Checkers' 2025 Franchise Disclosure Document, Checkers, as the Franchisor, has specific rights regarding the franchisee's premises. If the Franchise Agreement is terminated early or expires without renewal, Checkers has the right to cure any default under the lease by stepping in as the new lessee or sublessee. Additionally, Checkers has the first right of refusal to lease the premises if the original lease is terminated or expires.
More specifically, Checkers retains the right to enter the premises to make any modifications or alterations it deems necessary. This clause is crucial for protecting Checkers' brand standards and intellectual property. It allows Checkers to ensure that the restaurant's appearance and operations align with their established system, even if the franchisee is unwilling or unable to make necessary changes.
This right is typically outlined in a Franchise Addendum to Lease Agreement, which involves the Landlord, Tenant (franchisee), and Checkers. The landlord acknowledges Checkers' rights and agrees to provide Checkers with notices of default, proposed lease modifications, and opportunities to cure defaults. This ensures Checkers can maintain control over the premises and protect its brand identity, even if the franchisee faces difficulties or the lease terms change.