If Checkersrallys provides an Appraisal Notice, what are the franchisee's obligations regarding the personal property of the Franchised Restaurant?
Checkersrallys Franchise · 2025 FDDAnswer from 2025 FDD Document
- (a) Upon termination or expiration (without renewal) of this Agreement, we have the right, exercisable by giving notice thereof ("Appraisal Notice") within ten (10) days after the date of such termination or expiration, to require that a determination be made of the "Agreed Value" (as defined below) of all the personal property used in the Franchised Restaurant which you own, including inventory of non-perishable products, materials, supplies, furniture, equipment, signs, but excluding any cash and short-term investments and any items not meeting our specifications for Restaurants (the "Purchased Assets"). At any time following our providing you an Appraisal Notice, we shall have the unrestricted right to assign this option to purchase separate and apart from the remainder of this Agreement, including, without limitation, to another third-party franchisee. Upon such notice, you may not sell or remove any of the personal property of the Franchised Restaurant from the Premises and must give us (or our assignee), our (or our assignee's) designated agents and the "Appraiser" (as defined below) full access to the Franchised Restaurant and all of your books and records at any time during customary business hours in order to conduct inventories and determine the purchase price for the Purchased Assets.
Source: Item 22 — CONTRACTS (FDD pages 91–92)
What This Means (2025 FDD)
According to Checkersrallys's 2025 Franchise Disclosure Document, if Checkersrallys provides an Appraisal Notice, the franchisee has specific obligations regarding the personal property of the Franchised Restaurant. Upon receiving the Appraisal Notice, the franchisee is prohibited from selling or removing any personal property from the premises. This includes inventory of non-perishable products, materials, supplies, furniture, equipment, and signs owned by the franchisee, but excludes cash, short-term investments, and items not meeting Checkersrallys's specifications.
Additionally, the franchisee must grant Checkersrallys (or its assignee), their designated agents, and the Appraiser full access to the Franchised Restaurant and all relevant books and records during customary business hours. This access is necessary for conducting inventories and determining the purchase price of the Purchased Assets. The purpose is to allow Checkersrallys to assess and potentially purchase the assets if they choose to exercise their option.
These obligations ensure that Checkersrallys can accurately evaluate and potentially acquire the assets of the restaurant upon termination or expiration of the franchise agreement. Failure to comply with these requirements could result in legal and financial repercussions for the franchisee, as it directly impacts Checkersrallys's ability to exercise its contractual rights.