factual

What is the required representation regarding sole and exclusive ownership for Checkersrallys franchisees?

Checkersrallys Franchise · 2025 FDD

Answer from 2025 FDD Document

    1. No Exclusivity or Protected Territory.

Franchisee acknowledges and agrees that it will not receive any territorial protection or exclusivity under this Addendum or the Franchise Agreement when operating the Restaurant at a Non-Traditional Site and that Franchisor and its Affiliates retain all rights and discretion with respect to the Marks, the System, the sale of products and services similar or dissimilar to those offered by "Checkers" and "Rally's"-branded restaurants, and the operation or franchising of "Checkers" and "Rally's"-branded restaurants anywhere located or to be located, and may engage in any business activities whatsoever, whenever and wherever they desire during the Term.

  • 7.02 In-Term Covenants.You acknowledge that we have granted you the franchise in consideration of, and reliance upon, your agreement to deal exclusively with us. You therefore agree that, during the Term and any successor franchise term, neither you, any of your Owners, nor any of your or your Owners' Immediate Family will (without our prior consent, which consent we may condition or withhold for any or no reason):
  • (a) have any direct or indirect controlling or non-controlling ownership interest as an owner – whether of record, beneficially, or otherwise – in a Competitive Business, wherever located or operating (except that equity ownership of less than five percent (5%) of a Competitive Business whose stock or other forms of ownership interest are publicly traded on a recognized United States stock exchange will not be deemed to violate this subparagraph);
  • (b) perform services as a director, officer, manager, employee, consultant, representative, or agent for a Competitive Business, wherever located or operating;
  • (c) divert or attempt to divert any actual or potential business or customer of any Restaurant to a Competitive Business; or
  • (d) engage in any other activity which, in our sole opinion, might be injurious or prejudicial to the goodwill associated with the Marks or the System.
  • 7.03 Information Exchange.You must promptly disclose to us all recipes, processes, ideas, concepts, advertising and promotional materials, website pages and content, methods, techniques or materials used or useful to a fast-food restaurant business, whether or not constituting protectable intellectual property, that you create, or that are created on your behalf or for your benefit by your Owners or employees, in connection with the development or operation of your Restaurant (collectively, the "Materials"). Any such Materials will be deemed our sole and exclusive property, part of the System, and works made-for-hire for us. To the extent that any one of the Materials does not qualify as a "work made-for-hire" for us (as such term is defined under Section 101 of the U.S. Copyright Act), by way of this paragraph you irrevocably convey, grant, transfer and assign ownership of the Material(s), and all related rights to the Materials, both during and after the Term,

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

What This Means (2025 FDD)

According to the 2025 Checkersrallys Franchise Disclosure Document, franchisees largely do not receive exclusive territorial rights. Specifically, for restaurants operating at Non-Traditional Sites, the franchisee acknowledges and agrees that they will not receive any territorial protection or exclusivity under the Franchise Agreement. Checkersrallys and its affiliates retain all rights and discretion with respect to the Marks, the System, the sale of products and services similar or dissimilar to those offered by "Checkers" and "Rally's"-branded restaurants, and the operation or franchising of "Checkers" and "Rally's"-branded restaurants anywhere located or to be located, and may engage in any business activities whatsoever, whenever and wherever they desire during the Term.

Furthermore, the Checkersrallys FDD states that during the term of the franchise agreement, franchisees, their owners, and their immediate family members are restricted from having any direct or indirect ownership interest in a Competitive Business, regardless of location. The only exception to this is owning less than five percent (5%) of a Competitive Business whose stock is publicly traded on a recognized United States stock exchange. Franchisees are also prohibited from performing services for a Competitive Business or engaging in activities that could harm the goodwill associated with the Marks or the System.

Checkersrallys also requires franchisees to disclose all recipes, processes, ideas, concepts, advertising and promotional materials, website pages and content, methods, techniques or materials used or useful to a fast-food restaurant business. These Materials will be deemed Checkersrallys' sole and exclusive property, part of the System, and works made-for-hire for Checkersrallys. This means that Checkersrallys has broad rights to operate and expand its business, even in areas near a franchisee's location, and franchisees must deal exclusively with Checkersrallys and protect Checkersrallys' interests.

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.