factual

Does the Checkersrallys franchisee's acceptance of the franchise agreement depend on their own independent investigation of the site's suitability?

Checkersrallys Franchise · 2025 FDD

Answer from 2025 FDD Document

You acknowledge and agree that, if we suggest, approve, or give you information regarding a site for the Premises, our action is not a representation or warranty of any kind, express or implied, of the site's suitability for a Restaurant or any other purpose. We do not represent that we, or any of our Affiliates, owners, employees or agents, have special expertise in selecting sites. Our action indicates only that we believe that the site meets our then acceptable criteria and not that the Franchised Restaurant will be profitable or successful at the Premises. Applying criteria that have appeared effective with other sites and premises might not accurately reflect the potential for all sites and premises, and demographic and/or other factors included in or excluded from our criteria could change, altering the potential of a site and premises. The uncertainty and instability of these criteria are beyond our control, and we are not responsible if a site and premises we suggest or approve for the location of a Restaurant fails to meet your expectations. Accordingly, you acknowledge and agree that your acceptance of the franchise for a Restaurant pursuant to this Agreement is based on your own independent investigation of the site's suitability for the Premises.

In consideration of our acceptance of the Premises, you and your Owners release us, and our Affiliates, officers, directors, employees and agents from any and all loss, damage and liability arising from or in connection with the selection and/or acceptance of the Premises for development as a Restaurant.

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

What This Means (2025 FDD)

According to Checkersrallys's 2025 Franchise Disclosure Document, the franchisee's acceptance of the franchise agreement is based on their own independent investigation of the site's suitability for the premises. Checkersrallys states that if they suggest, approve, or provide information about a site, it does not constitute a representation or warranty of the site's suitability for a restaurant or any other purpose. Checkersrallys does not claim to have special expertise in site selection and only indicates that the site meets their acceptable criteria at the time.

Checkersrallys emphasizes that criteria effective for other sites may not accurately reflect the potential of all sites, and demographic or other factors could change, altering a site's potential. These uncertainties are beyond Checkersrallys's control, and they are not responsible if a suggested or approved site fails to meet the franchisee's expectations.

Therefore, the franchisee acknowledges that their acceptance of the franchise is based on their own due diligence and investigation of the site's suitability. The franchisee also releases Checkersrallys from any loss, damage, or liability arising from the selection or acceptance of the premises for development as a restaurant.

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.