Does Hardees allow the use of electronic signatures for the Franchise Agreement, and if so, what is their legal effect?
Hardees Franchise · 2025 FDDAnswer from 2025 FDD Document
Following HR's acceptance of each proposed site and Developer's submission to HR of a signed lease or sublease for the proposed site, or evidence that Developer has completed its purchase of the proposed site, HR will prepare and forward to Developer a Franchise Agreement for the Authorized Site. The form of Franchise Agreement for each Franchised Restaurant to be developed by Developer pursuant to this Agreement shall be the applicable standard form in general use immediately prior to the time that Developer commences construction at the applicable Authorized Site. Developer shall execute and return the Franchise Agreement to HR, along with the Initial Franchise Fee, within 10 days after receipt by Developer, and, following receipt by HR, HR shall execute the Franchise Agreement and return a fullyexecuted original of the Franchise Agreement to Developer. Developer may not commence construction at the Authorized Site prior to its receipt of a fully-executed Franchise Agreement and its payment to HR of the Initial Franchise Fee.
Source: Item 23 — Receipts (FDD pages 85–541)
What This Means (2025 FDD)
Based on the 2025 Hardees Franchise Disclosure Document excerpts provided, there is no information regarding the use of electronic signatures on the Franchise Agreement. The excerpts do discuss the execution of the agreement, stating that after Hardees accepts a proposed site and the developer submits a signed lease or evidence of purchase, Hardees will forward a Franchise Agreement. The developer must then execute and return the agreement with the initial franchise fee within 10 days. After Hardees receives these items, they will execute the agreement and return a fully-executed original to the developer.
Because the excerpts do not specify whether electronic signatures are permitted, it is important for prospective Hardees franchisees to clarify this with the franchisor directly. Understanding the accepted methods of signing the agreement can streamline the process and ensure compliance with Hardees' requirements.
To gain a comprehensive understanding, a potential franchisee should ask Hardees about their policy on electronic signatures, the specific software or platforms approved for such signatures, and any legal considerations associated with using electronic signatures for the Franchise Agreement. This information will help ensure a smooth and legally sound agreement process.