Under what circumstances is the Rider to the Checkers Franchise Agreement executed?
Checkers Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
Source: Item 22 — CONTRACTS (FDD pages 91–92)
What This Means (2025 FDD)
According to Checkers' 2025 Franchise Disclosure Document, there are several riders to the franchise agreement that are executed under specific circumstances. One rider, titled "RIDER TO THE CHECKERS DRIVE-IN RESTAURANTS, INC. FRANCHISE AGREEMENT FOR USE IN CALIFORNIA, INDIANA, MICHIGAN, RHODE ISLAND, AND WISCONSIN," is applicable to franchisees and franchises subject to state franchise disclosure laws in those states. This rider ensures that no statement or acknowledgment signed by the franchisee waives claims under state franchise law, including fraud in inducement, or disclaims reliance on statements made by Checkers or its representatives.
Another rider, the "ILLINOIS RIDER TO THE FRANCHISE AGREEMENT," is executed because the franchised restaurant will be located in Illinois or because the franchisee is a resident of Illinois. This 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. It also modifies sections of the franchise agreement related to arbitration, jurisdiction, and venue.
Additionally, there are riders for franchisees in Minnesota and Virginia. The Minnesota rider is executed when the restaurant will be located in Minnesota or the franchisee is a resident of Minnesota. Similarly, the Virginia rider is executed when the restaurant will be located in Virginia, and it includes provisions for deferring payment of the initial franchise fee until Checkers has completed its pre-opening obligations, as required by the Virginia State Corporation Commission's Division of Securities and Retail Franchising. These riders ensure compliance with specific state franchise laws and regulations, providing additional protections and modifications to the standard franchise agreement.