Does the Checkersrallys franchisee have rights to benefit from any other business activity Checkersrallys or its affiliates may undertake?
Checkersrallys Franchise · 2025 FDDAnswer from 2025 FDD Document
You acknowledge and agree that, except as expressly granted to you in Section 2.02 hereof, your rights hereunder are non-exclusive and you have no rights under this Agreement to participate in or benefit from any other business activity we or our Affiliate may undertake, regardless of whether such activity involves the Marks or the System. You waive, to the fullest extent permitted under applicable law, all claims, demands, or causes of action arising from or relating to any of the foregoing activities by us or any of our Affiliates in connection with our reserved rights under this Section 2.03.
Source: Item 22 — CONTRACTS (FDD pages 91–92)
What This Means (2025 FDD)
According to Checkersrallys's 2025 Franchise Disclosure Document, the franchisee has very limited rights to benefit from any other business activity that Checkersrallys or its affiliates may undertake. The agreement specifies that the franchisee's rights are non-exclusive, except as expressly granted in Section 2.02, and the franchisee has no rights to participate in or benefit from any other business activity Checkersrallys or its affiliates may undertake, regardless of whether such activity involves the Marks or the System. The franchisee also waives all claims related to Checkersrallys's or its affiliates' activities in connection with their reserved rights.
Checkersrallys retains all rights and discretion with respect to the Marks, the System, the sale of products and services similar or dissimilar to those offered by Checkersrallys-branded restaurants, and the operation or franchising of Checkersrallys-branded restaurants anywhere located or to be located, and may engage in any business activities whatsoever. This includes the right to establish and operate Checkersrallys-branded restaurants outside the Protected Area, at Non-Traditional Sites, and through alternative channels of distribution, potentially in direct competition with the franchisee's restaurant, without any obligation or liability to the franchisee.
This lack of exclusivity and the broad reservation of rights by Checkersrallys are common in franchising. It allows Checkersrallys to adapt to market changes and pursue new business opportunities without being restricted by individual franchise agreements. However, it also means that a Checkersrallys franchisee's business can be impacted by decisions made by Checkersrallys, such as opening new locations nearby or selling products through other channels, without the franchisee having any recourse.