Under what circumstances is the Checkers Rider executed in conjunction with the Franchise Agreement?
Checkers Franchise · 2025 FDDAnswer from 2025 FDD Document
ucement, whether common law or statutory, or as | | | | disclaiming reliance on or the right to rely upon any statement made or information provided | | | | by any franchisor, broker or other person acting on behalf of the franchisor that was a | | | | material inducement to a franchisee's investment. This provision supersedes any other or | | | | inconsistent term of any document executed in connection with the franchise. | | | | | CHECKERS DRIVE-IN RESTAURANTS, INC. A Delaware Corporation | AREA FRANCHISEE | | By: | | By: | Checkers/Rally's April 2025
Title: Title:
RIDER TO THE CHECKERS DRIVE-IN RESTAURANTS, INC. FRANCHISE AGREEMENT FOR USE IN CALIFORNIA, INDIANA, MICHIGAN, RHODE ISLAND, AND WISCONSIN
This Rider DRIVE-IN RESTAURANTS, INC., a Delaware Street, Suite 710, Tampa, Florida , ("Franchisee"). (the "Rider") is made and entered into by and between CHECKERS corporation located at 4300 West Cypress 33607 ("Franchisor"), and whose principal business address is 1. Background. Franchisor and Franchisee are parties to that certain Franchise Agreement that has been signed at the same time as the signing of this Rider (the "Franchise Agreement"). This Rider is part of the Franchise Agreement. 2. The following No Waiver of Disclaimer of Reliance in Certain States. provision applies only to franchisees and franchises that are subject to the state franchise disclosure laws in California, Indiana, Michigan, Rhode Island, or Wisconsin: No statement, questionnaire or acknowledgment signed or agreed to by a franchisee the in connection with the commencement of the franchise relationship shall have the effect of (i) waiving any claims under any applicable state franchise law, including fraud in inducement, or (ii) disclaiming reliance on any statement made by any franchisor, franchise seller, or any other person acting on behalf of the franchisor. This provision supersedes any other term of any document executed in connection with the franchise. IN WITNESS WHEREOF, the parties have executed and delivered this Rider effective on the Effective Date stated in the Franchise Agreement. CHECKERS DRIVE-IN RESTAURANTS, INC. A Delaware Corporation Checkers/Rally's April 2025
ITEM 23 RECEIPTS
The last 2 pages of this Franchise Disclosure Document are identical pages acknowledging receipt of this entire document (including the exhibits). Please sign and return to us one copy and please keep the other copy along with this Franchise Disclosure Document.
EXHIBIT A
LIST OF STATE AGENCIES/AGENTS FOR SERVICE OF PROCESS
LIST OF STATE AGENCIES
Listed here are the names, addresses and telephone numbers of the state agencies having responsibility for franchising disclosure/registration laws. We may not yet be registered to sell franchises in any or all of these states.
If a state is not listed, we have not appointed an agent for service of process in that state in connection with the requirements of the franchise laws. There may be states in addition to those listed below in which we have appointed an agent for service of process.
There also may be additional agents appointed in some of the states listed.
California
Department of Financial Protection and Innovation: Toll Free: 1 (866) 275-2677
Los Angeles
Suite 750 320 West 4th Street Los Angeles, California 90013-2344 (213) 576-7500
Sacramento
2101 Arena Boulevard Sacramento, CA 95834 (916) 445-7205
San Diego
1350 Front Street San Diego, California 92101-3697 (619) 525-4233
San Francisco
One Sansome Street, Suite 600 San Francisco, California 94104 (415) 972-8559
Hawaii
Franchise & Securities Division State Department of Commerce P.O. Box 40 Honolulu, Hawaii 96813 (808) 586-2722
Illinois
Franchise Division Office of the Attorney General 500 South Second Street Springfield, Illinois 62706 (217) 782-4465
Indiana
Franchise Division Office of Secretary of State 302 W. Washington Street, Rm. E111 Indianapolis, Indiana 46204 (317) 232-6681
Maryland
Franchise Office Division of Securities 200 St. Paul Place- 20th Floor Baltimore, Maryland 21202 (410) 576-6360
Checkers/Rally's April 2025
Michigan
Consumer Protection Division Franchise Section P.O. Box 30213 Lansing, MI 48909 (517) 373-7177
Minnesota
Franchise Division Department of Commerce 133 East Seventh St. St. Paul, Minnesota 55101 (651) 296-6328
New York
New York State Department of Law Investor Protection Bureau 28 Liberty Street, 21st Floor New York, New York 10005 (212) 416-8222
North Dakota
Franchise Division Office of Securities Commission 600 East Boulevard- 5th Floor Bismarck, North Dakota 58505 (701) 328-2910
Oregon
Corporate Securities Section Dept. of Insurance & Finance Labor and Industries Building Salem, Oregon 97310 (503) 378-4387
Rhode Island
Division of Securities 233 Richmond Street- Suite 232 Providence, Rhode Island 02903 (401) 222-3048
South Dakota
Franchise Office Division of Securities 124 S. Euclid Ave., Suite 104 Pierre, SD 57501 (605) 773-4013
Virginia
Franchise Office State Corporation Commission 1300 East Main Street Richmond, Virginia 23219 (804) 371-9276
Washington
The Dept. of Financial Institutions Securities Division P.O. Box 9033 Olympia, Washington 98507-9033 (360) 902-8760
Wisconsin
Franchise Office Wisconsin Securities Commission P.O. Box 1768 Madison, Wisconsin 53701 (608) 266-3364
AGENTS FOR SERVICE OF PROCESS
Alabama
CSC- Lawyers Incorporating Service 150 South Perry Street Montgomery, AL 36104
Delaware
Corporation Service Company 2711 Centerville Road, Suite 400 Wilmington, DE 19808
California
Department of Financial Protection and Innovation:
Toll Free: 1 (866) 275-2677
Los Angeles
Suite 750 320 West 4th Street Los Angeles, California 90013-2344 (213) 576-7500
Sacramento
2101 Arena Boulevard Sacramento, CA 95834 (916) 445-7205
San Diego
1350 Front Street San Diego, California 92101-3697 (619) 525-4233
San Francisco
One Sansome Street, Suite 600 San Francisco, California 94104 (415) 972-8559
Florida
Corporation Service Company 1201 Hays Street Tallahassee, FL 32301
Georgia
Corporation Service Company 4845 Jimmy Carter Blvd. Norcross, GA 30093
Hawaii
Commissioner of Securities of the State of Hawaii Department of Commerce and Consumer Affairs Business Registration Division Securities Compliance Branch 335 Merchant Street, Room 203 Honolulu, Hawaii 96813 (808) 586-2722
Illinois
Office of the Attorney General 500 South Second Street Springfield, Illinois 62706
Indiana
Corporation Service Company 251 East Ohio Street, Suite 500 Indianapolis, IN 46204
Iowa
Corporation Service Company 729 Insurance Exchange Building Des Moines, IA 50309
Kansas
Corporation Service Company 200 S.W. 30th Street Topeka, KS 66611
Louisiana
Corporation Service Company 320 Somerulos Street Baton Rouge, LA 70802-6129
Maryland
Maryland Securities Commissioner 200 St. Paul Place Baltimore, Maryland 21202-2020
Michigan
CSC- Lawyers Incorporating Service 601 Abbott Road East Lansing, MI 48823
Mississippi
Corporation Service Company 506 South President Street Jackson, MS 39201
Missouri
Corporation Service Company d/b/a CSC- Lawyers Incorporating Service Company 221 Bolivar Street Jefferson City, MO 65101
New Jersey
ACTIVE 709373002v1
Corporation Service Company 830 Bear Tavern Road West Trenton, NJ 08628
New York
Secretary of State 99 Washington Avenue Albany, NY 12231
Corporation Service Company 80 State Street Albany, NY 12207-2543
North Carolina
Corporation Services Company 327 Hillsborough Street Raleigh, NC 27603
Pennsylvania
Corporation Service Company 2704 Commerce Drive Harrisburg, PA 17110
South Carolina
Corporation Service Company 1301 Gervais Street Columbia, SC 29201
Tennessee
Corporation Service Company 2908 Poston Avenue Nashville, TN 37203
Texas
Corporation Service Company d/b/a CSC- Lawyers Incorporating Service Company 800 Brazos Austin, TX 78701
Virginia
Clerk of the State Corporation Commission 1300 East Main Street, 1st Floor Richmond, Virginia 23219 (804) 371-9733
Virginia (cont.)
Beverly L. Crump, Esq.
Source: Item 22 — CONTRACTS (FDD pages 91–92)
What This Means (2025 FDD)
According to Checkers' 2025 Franchise Disclosure Document, a rider to the franchise agreement is executed when specific state franchise disclosure laws require it. For instance, if a Checkers restaurant is to be located in California, Indiana, Michigan, Rhode Island, or Wisconsin, a rider is added to the agreement to address the waiver of claims and disclaimers of reliance under those states' franchise laws. This ensures that franchisees in these states retain their rights under state franchise law, preventing them from unintentionally waiving claims like fraud in inducement or disclaiming reliance on statements made by Checkers.
Additionally, if the Checkers restaurant is located in Illinois, a rider is executed to modify the franchise agreement in recognition of the requirements of the Illinois Franchise Disclosure Act. This Illinois Rider stipulates that Checkers will defer collection of initial fees until it has completed its pre-opening obligations and the franchisee has commenced business, a requirement imposed by the Illinois Attorney General's Office.
Similarly, a rider is executed if the Checkers restaurant is to be located in the Commonwealth of Virginia. The Virginia Rider amends the franchise agreement to comply with the Virginia Retail Franchising Act, including deferring payment of the initial franchise fee until Checkers has fulfilled its pre-opening obligations. It also ensures that franchisees do not waive claims of fraud or disclaim reliance on statements made by Checkers. Furthermore, a rider is executed if the Checkers restaurant is to be located in the State of Minnesota to comply with the Minnesota Franchise Law.