What alterations and modifications is the Hardees tenant allowed to make to the premises after the lease or franchise agreement expires?
Hardees Franchise · 2025 FDDAnswer from 2025 FDD Document
Landlord agrees that, following the expiration or earlier termination of the Lease or the Franchise Agreement, Tenant shall have the right to make those alterations and modifications (including removal and demolition of improvements installed by Tenant or HR if necessary) to the Premises or any part thereof as may be necessary to clearly distinguish to the public the Premises from a Hardee's Restaurant and also to make those specific additional changes as HR reasonably may require for that purpose. This includes, but is not limited to, removal of all Proprietary Marks. Landlord further agrees that, if Tenant fails to promptly make the necessary alterations and modifications, HR shall have the right to do so without being guilty of trespass or other tort so long as HR makes repairs to the building caused by such removal.
Source: Item 23 — Receipts (FDD pages 85–541)
What This Means (2025 FDD)
According to Hardees's 2025 Franchise Disclosure Document, following the expiration or earlier termination of the Lease or the Franchise Agreement, the tenant has the right to make alterations and modifications to the premises. These modifications can include the removal and demolition of improvements installed by the tenant or Hardees, if necessary. The purpose of these alterations is to clearly distinguish the premises from a Hardee's Restaurant.
Hardees also has the right to request specific additional changes for this purpose, which may include the removal of all Proprietary Marks. If the tenant fails to promptly make the necessary alterations and modifications, Hardees has the right to do so without being guilty of trespass or other tort, as long as Hardees makes repairs to the building caused by such removal.
This clause ensures that upon termination of the franchise agreement, the property can be repurposed without continuing to appear as a Hardees restaurant. It also protects Hardees's brand identity by ensuring the removal of proprietary marks and distinctive elements. The franchisee is responsible for the costs associated with these alterations, including the removal of fixtures and repairs to the premises resulting from such removal.