What modifications or alterations is Checkersrallys Franchisor allowed to make to the Premises?
Checkersrallys Franchise · 2025 FDDAnswer from 2025 FDD Document
Partner) must keep us informed at all times of the identity of your Operator(s), and ensure that such personnel are competent and proficient in their duties. You (or your Operating Partner) are solely responsible for all employment decisions for the Franchised Restaurant, including hiring, firing, remuneration, personnel policies, training, benefits, and maintaining supervision and discipline.
9. RESTAURANT OPERATING STANDARDS.
9.01 Condition of Franchised Restaurant.You must maintain the Franchised Restaurant's condition and appearance in an attractive and clean manner so that the Franchised Restaurant can be efficiently operated at all times**.** You agree to maintain the Franchised Restaurant's condition and appearance and to make such modifications and additions to its layout, decor, and general theme as we may require at any time and from time to time, including replacement of worn-out or obsolete fixtures, equipment, furniture, signs and utensils, repair of the interior and exterior and appurtenant drive-thru and parking areas, and periodic cleaning and redecorating of the Premises. If at any time the general state of repair, appearance or cleanliness of the Franchised Restaurant or its fixtures, equipment, furniture, signs or utensils, does not meet our standards, we may notify you and specify the action you must take to correct such deficiency. If, within ten (10) days after receiving such notice, you fail or refuse to initiate and thereafter continue in good faith and with due diligence a bona fide program to complete such required maintenance, we have the right (in addition to our rights under Section 14), but not the obligation, to enter the Premises and do such maintenance on your behalf and at your expense. You must promptly reimburse us for such expenses, which we may automatically debit from your bank account in accordance with Section 6.05.
Source: Item 22 — CONTRACTS (FDD pages 91–92)
What This Means (2025 FDD)
According to Checkersrallys's 2025 Franchise Disclosure Document, the franchisor has specific rights regarding modifications and alterations to the premises of a franchised restaurant. The franchisee is required to maintain the restaurant's condition and appearance in an attractive and clean manner, ensuring efficient operation at all times. Checkersrallys can mandate modifications and additions to the restaurant's layout, decor, and general theme as they deem necessary. This includes replacing worn-out or obsolete fixtures, equipment, furniture, signs, and utensils, as well as repairing the interior and exterior, including drive-thru and parking areas, and undertaking periodic cleaning and redecorating.
If the franchisee fails to maintain the restaurant to Checkersrallys's standards, the franchisor can issue a notice specifying the required corrective actions. Should the franchisee fail to initiate and diligently pursue these corrections within ten days, Checkersrallys reserves the right to enter the premises and perform the necessary maintenance at the franchisee's expense. These expenses can be automatically debited from the franchisee's bank account.
Furthermore, Checkersrallys retains rights even in situations where the franchisee's lease agreement is involved. The landlord agrees that Checkersrallys has the right to enter the premises to make any modifications or alterations necessary to protect its franchise system, trademarks, trade names, trade dress, and other intellectual property. This can be done without Checkersrallys being considered guilty of trespass or any other tort or crime. This provision underscores Checkersrallys's control over maintaining brand standards and protecting its intellectual property within the franchised locations.