factual

Can Checkersrallys condition or withhold consent for a franchisee to have an ownership interest in a Competitive Business?

Checkersrallys Franchise · 2025 FDD

Answer from 2025 FDD Document

nd (d) you must implement all commercially reasonable procedures we prescribe at any time and from time to time to prevent unauthorized use or disclosure of the Confidential Information, including requiring any of your personnel who attends training or who has the ability to access our Confidential Information, to sign nondisclosure agreements in a form we prescribe or approve and delivering those agreements to us.

  • 7.02 In-Term Covenants.You acknowledge that we have granted you the franchise in consideration of, and reliance upon, your agreement to deal exclusively with us. You therefore agree that, during the Term and any successor franchise term, neither you, any of your Owners, nor any of your or your Owners' Immediate Family will (without our prior consent, which consent we may condition or withhold for any or no reason):
  • (a) have any direct or indirect controlling or non-controlling ownership interest as an owner – whether of record, beneficially, or otherwise – in a Competitive Business, wherever located or operating (except that equity ownership of 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 will not be deemed to violate this subparagraph);
  • (b) perform services as a director, officer, manager, employee, consultant, representative, or agent for a Competitive Business, wherever located or operating;
  • (c) divert or attempt to divert any actual or potential business or customer of any Restaurant to a Competitive Business; or
  • (d) engage in any other activity which, in our sole opinion, might be injurious or prejudicial to the goodwill associated with the Marks or the System.
  • 7.03 Information Exchange.You must promptly disclose to us all recipes, processes, ideas, concepts, advertising and promotional materials, website pages and content, methods, techniques or materials used or useful to a fast-food restaurant business, whether or not constituting protectable intellectual property, that you create, or that are created on your behalf or for your benefit by your Owners or employees, in connection with the development or operation of your Restaurant (collectively, the "Materials"). Any such Materials will be deemed our sole and exclusive property, part of the System, and works made-for-hire for us. To the extent that any one of the Materials does not qualify as a "work made-for-hire" for us (as such term is defined under Section 101 of the U.S.

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

What This Means (2025 FDD)

According to Checkersrallys's 2025 Franchise Disclosure Document, Checkersrallys can condition or withhold consent regarding a franchisee's ownership interest in a Competitive Business. Specifically, during the term of the franchise, neither the franchisee, their owners, nor their immediate family members can have any direct or indirect ownership interest in a Competitive Business without Checkersrallys's prior consent. Checkersrallys may condition or withhold this consent for any reason. An exception exists for owning less than 5% of a Competitive Business if its stock is publicly traded on a recognized United States stock exchange.

A "Competitive Business" is defined as any business that operates as a restaurant or food-service provider deriving more than 20% of its revenue from selling hamburgers, cheeseburgers, and hot dogs in a fast-food, quick-service, drive-thru, or drive-in format. It also includes businesses that grant franchises or licenses to others to operate similar businesses, excluding Checkers or Rally's branded restaurants franchised by Checkersrallys.

This restriction ensures that franchisees and related parties remain focused on the success of their Checkersrallys franchise and do not divert resources or knowledge to competing businesses. The franchisor's ability to condition or withhold consent provides them with control over potential conflicts of interest and helps protect the Checkersrallys brand and system. Franchisees should be aware of these restrictions and ensure they do not violate them, as doing so could result in a breach of the franchise agreement.

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.