What alterations or modifications is the tenant required to make to the premises after the termination of the Hardees lease or franchise agreement?
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' 2025 Franchise Disclosure Document, after the expiration or termination of the lease or franchise agreement, the tenant is responsible for making alterations and modifications to the premises. These include removing and demolishing any improvements made by the tenant or Hardees, if necessary. The purpose of these changes is to clearly differentiate the premises from a Hardee's Restaurant.
Hardees also has the right to request additional specific changes for this purpose, which may include the removal of all proprietary marks. If the tenant fails to promptly make these necessary alterations and modifications, Hardees has the right to do so without being considered guilty of trespass or other tort. However, Hardees is responsible for repairing any damage to the building caused by such removal.
This clause ensures that upon termination, the location can no longer be mistaken for a Hardee's restaurant, protecting the brand's image and preventing consumer confusion. It also gives Hardees the power to take action if the franchisee does not fulfill these obligations, ensuring the changes are made in a timely manner. The franchisee bears the initial responsibility and cost for these alterations, but Hardees may step in if necessary, with the cost ultimately borne by the franchisee.