factual

Does the definition of 'Competitive Business' for Checkersrallys include businesses that grant franchises or licenses to others to operate restaurants deriving more than 20% of their revenue from hamburgers, cheeseburgers, or hot dogs?

Checkersrallys Franchise · 2025 FDD

Answer from 2025 FDD Document

A "Competitive Business" means any business that: (i) operates as a restaurant or similar food-service provider and derives more than 20% of its revenue from selling hamburgers, cheeseburgers, or hot dogs in a fast-food, quick-service, drive-thru or drive-in format; or (ii) grants franchises or licenses to others to operate the type of business specified in subparagraph (i) (other than a Checkers Restaurant or Rally's Restaurant operated under a franchise agreement with us); but excludes equity ownership of less than 5% of a business entity meeting this description 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.

Source: Item 12 — TERRITORY (FDD pages 57–60)

What This Means (2025 FDD)

According to Checkersrallys's 2025 Franchise Disclosure Document, a 'Competitive Business' is defined, in part, as any business that grants franchises or licenses to others to operate restaurants deriving more than 20% of their revenue from selling hamburgers, cheeseburgers, or hot dogs in a fast-food, quick-service, drive-thru or drive-in format. This definition excludes Checkers or Rally's restaurants operated under a franchise agreement with Checkersrallys.

This definition is important because it clarifies the scope of businesses that Checkersrallys considers competitive. This definition helps to define the limitations Checkersrallys places on itself regarding acquisitions. It also defines the limitations Checkersrallys places on other businesses that may acquire Checkersrallys.

However, an exception exists for minor equity ownership. Specifically, owning less than 5% of a publicly traded business entity that meets the description of a 'Competitive Business' does not violate the terms of the franchise agreement. This exception acknowledges that franchisees may have diversified investment portfolios that include minor holdings in other restaurant businesses without necessarily creating a conflict of interest.

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.