factual

Under what circumstances does Checkers have the right to modify a provision of the franchise agreement?

Checkers Franchise · 2025 FDD

Answer from 2025 FDD Document

on the day and year first above written.

CHECKERS DRIVE-IN RESTAURANTS, INC., If a corporation, partnership, limited a Delaware corporation liability company or other legal entity: Print Name: Title: (Name of corporation, partnership, limited liability company or other legal entity) Print Name: Print Name: Print Name: If individuals: (Signature) (Print Name) (Signature) (Print Name) (Signature) (Print Name)

EXHIBIT J

AGREEMENT RIDERS FOR CERTAIN REGISTRATION STATES

ILLINOIS RIDER TO THE FRANCHISE AGREEMENT

In recognition of the requirements of the Illinois Franchise Disclosure Act and the rules and regulations promulgated thereunder, the Franchise Agreement shall be modified by this document (the "Rider") as follows:

    1. Background. Franchisor and Franchisee are parties to that certain Franchise Agreement dated , ("Agreement") that has been entered into concurrently with the entering of this Rider. This Rider is annexed to and forms part of the Agreement. This Rider is being executed because the Franchised Restaurant to be operated by Franchisee pursuant to the Agreement will be located in the state of Illinois and/or because Franchisee is a resident of the state of Illinois. This Rider shall be of no force and effect unless the jurisdictional requirements of the Illinois Franchise Disclosure Act and any regulations thereunder are met independently without reference to this Rider.
    1. Initial Franchise Fee. Section 6.01 of the Agreement shall be amended by adding the following:

Despite the payment provisions above, Franchisor will defer collection of all initial fees owed by Franchisee to Franchisor under this Agreement until Franchisor has completed all of its pre-opening obligations under this Agreement and the Franchisee has commenced doing business. This deferral requirement has been imposed by the Illinois Attorney General's Office based on the Franchisor's audited financial statements.

  1. Arbitration; Jurisdiction and Venue. Sections 18.05 and 18.07 of the Agreement shall be amended by adding the following:

Despite the provision, Franchisor and Franchisee agree that any action brought by one of them against the other must be instituted in a state or federal court located in the State of Illinois.

  1. Governing Law. Section 18.08 of the Agreement shall be amended by adding the following:

Despite the provision above, Franchisor and Franchisee agree that Illinois law will govern this Agreement.

    1. In conformance with section 41 of the Illinois Franchise Disclosure Act, any condition, stipulation or provision purporting to bind any person acquiring any franchise to waive compliance with the Illinois Franchise Disclosure Act or any other law of Illinois is void.
    1. No disclaimer, questionnaire, clause, or statement signed by a franchisee in connection with the commencement of the franchise relationship shall be construed or interpreted as waiving any claim of fraud in the inducement, 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.

[SIGNATURES ON FOLLOWING PAGE]

CHECKERS DRIVE-IN RESTAURANTS, INC. A Delaware Corporation

ILLINOIS RIDER TO THE DEVELOPMENT AGREEMENT

In recognition of the requirements of the Illinois Franchise Disclosure Act and the rules and regulations promulgated thereunder, the Development Agreement shall be modified by this document (the "Rider") as follows:

    1. Background. Franchisor and Area Franchisee are parties to that certain Development Agreement dated , ("Agreement") that has been entered into concurrently with the entering of this Rider. This Rider is annexed to and forms part of the Agreement. This Rider is being executed because the Restaurant(s) to be developed by Area Franchisee pursuant to the Agreement will be located in the state of Illinois and/or because Area Franchisee is a resident of the state of Illinois. This Rider shall be of no force and effect unless the jurisdictional requirements of the Illinois Franchise Disclosure Act and any regulations thereunder are met independently without reference to this Rider.
    1. Development Fee. Section 2.01 of the Agreement shall be amended by adding the following:

Despite the payment provisions above, Franchisor will defer collection of all initial fees owed by Area Franchisee to Franchisor under this Agreement until Franchisor has completed all of its pre-opening obligations under the first franchise agreement entered into pursuant to this Agreement and Area Franchisee has commenced doing business under the first franchise agreement. This deferral requirement has been imposed by the Illinois Attorney General's Office based on the Franchisor's financial condition.

  1. Arbitration; Jurisdiction and Venue. Sections 10.06 and 10.07 of the Agreement shall be amended by adding the following:

Despite the provision above, Franchisor and Area Franchisee agree that any action brought by one of them against the other must be instituted in a state or federal court located in the State of Illinois.

  1. Governing Law. Section 10.07 of the Agreement shall be amended further by adding the following:

Despite the provision above, Franchisor and Franchisee agree that Illinois law will govern this Agreement.

    1. In conformance with section 41 of the Illinois Franchise Disclosure Act, any condition, stipulation or provision purporting to bind any person acquiring any franchise to waive compliance with the Illinois Franchise Disclosure Act or any other law of Illinois is void.

Source: Item 22 — CONTRACTS (FDD pages 91–92)

What This Means (2025 FDD)

According to the 2025 Checkers Franchise Disclosure Document, Checkers's ability to modify the franchise agreement depends on the specific context and location of the franchise. For franchisees in Illinois, the Illinois Franchise Disclosure Act necessitates a rider to the franchise agreement, modifying certain sections to comply with Illinois law. This rider takes precedence over any conflicting terms in the original agreement, particularly concerning waivers of compliance with Illinois law or disclaimers of reliance on franchisor statements.

For franchisees in California, Indiana, Michigan, Rhode Island, and Wisconsin, a rider ensures that no statement or acknowledgment signed by the franchisee can waive claims under state franchise laws, including fraud in inducement, or disclaim reliance on franchisor statements. This rider also supersedes any conflicting terms in the franchise agreement.

Additionally, Checkers may modify the agreement through addenda, such as the Franchise Addendum to Lease Agreement, which outlines the relationship between the tenant (franchisee), landlord, and Checkers. These addenda, along with state-specific riders, serve to tailor the franchise agreement to specific legal requirements and circumstances, ensuring compliance and protecting the rights of the franchisee in those jurisdictions.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.