On what page of the Checkersrallys Franchise Agreement is the 'Site Acceptance Disclaimer' discussed?
Checkersrallys Franchise · 2025 FDDAnswer from 2025 FDD Document
3.01 Site Acceptance Disclaimer.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 'Site Acceptance Disclaimer' is discussed under section 3.01 within Item 22, which covers contracts related to the development of the franchised restaurant. This disclaimer clarifies that any site suggestions, approvals, or information provided by Checkersrallys regarding a location for the restaurant premises do not constitute a representation or warranty of the site's suitability for a restaurant or any other purpose. Checkersrallys explicitly states that they do not possess special expertise in site selection and that their approval only indicates the site meets their acceptable criteria at that time.
Checkersrallys emphasizes that applying 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. The disclaimer highlights that the uncertainty and instability of these criteria are beyond Checkersrallys's control, and they are not responsible if a suggested or approved site fails to meet the franchisee's expectations.
Therefore, Checkersrallys requires franchisees to acknowledge and agree that their acceptance of the franchise is based on their own independent investigation of the site's suitability. In consideration of Checkersrallys's acceptance of the premises, the franchisee and their owners release Checkersrallys, its affiliates, officers, directors, employees, and agents from any loss, damage, and liability arising from or connected to the selection and/or acceptance of the premises for development as a restaurant. This means that franchisees bear the ultimate responsibility for ensuring the chosen site is appropriate for their Checkersrallys restaurant.