What data processing equipment, computer hardware and software, and other computer-related equipment is Hardees franchisee required to procure and install prior to opening the Franchised Restaurant?
Hardees Franchise · 2025 FDDAnswer from 2025 FDD Document
tering, logos and display materials that HR approves in writing from time to time.
Franchisee shall purchase or lease approved brands, types or models of fixtures, furnishings, equipment and signs only from suppliers designated or approved by HR, which may include HR. If Franchisee proposes to purchase, lease or otherwise use any fixtures, furnishings, equipment or signs which have not been approved by HR, Franchisee shall first notify HR in writing and shall, at its sole expense, submit to HR upon its request, sufficient specifications, photographs, drawings and/or other information or samples for a determination as to whether those fixtures, furnishings, equipment and/or signs comply with HR's specifications and standards. HR will, in its sole discretion, approve or disapprove the items and notify Franchisee within 30 days after HR receives the request, or such longer period as HR requires.
If Franchisee builds any portion of the Franchised Restaurant outside of HR's specifications without receiving HR's prior written consent, HR shall have the right to delay the opening of the Franchised Restaurant until Franchisee, at its sole expense, brings the Franchised Restaurant's development within full compliance of HR's specifications.
E. Hardware and Software
Prior to the opening of the Franchised Restaurant, Franchisee agrees to procure and install such data processing equipment, computer hardware and software, required dedicated telephone and power lines, modems, printers and other computer-related accessory or peripheral equipment as HR specifies in Section 13.E. of this Agreement, the Development Guide or otherwise. Franchisee shall provide all assistance required by HR to bring Franchisee's computer system on-line with the computer system designated by HR and maintained by HR or its affiliates at the earliest possible time. Franchisee agrees that HR shall have the free and unfettered right to retrieve any data and information from Franchisee's computers as HR, in its sole discretion, deems appropriate, including electronically polling the daily sales, menu mix and other data of the Franchised Restaurant. All of the hardware and software specified to be installed or purchased, or activities Franchisee is to accomplish, and the delivery cost of all hardware and software, shall be at Franchisee's expense.
F. Inspection, Cooperation
During the course of construction and/or renovation, Franchisee shall (and shall cause Franchisee's architect, engineer, contractors, and subcontractors to) cooperate fully with HR and its designees for the purpose of permitting HR and its designees to inspect the Franchised Location and the course of construction of the Franchised Restaurant in order to determine whether construction is proceeding according to the Plans.
Source: Item 22 — Contracts (FDD page 85)
What This Means (2025 FDD)
According to Hardees's 2025 Franchise Disclosure Document, prior to opening a franchised restaurant, a franchisee must procure and install specific data processing equipment, computer hardware, and software. This includes required dedicated telephone and power lines, high-speed Internet connections, modems, printers, and other computer-related accessory or peripheral equipment as specified by Hardees in its Operations Procedures Manual (OPM) or otherwise. All of the hardware and software specified to be installed or purchased, or activities Franchisee is to accomplish, and the delivery cost of all hardware and software, shall be at Franchisee's expense. The franchisee is responsible for ensuring that all equipment can provide Hardees with information in the format and medium they specify.
The franchisee must assist Hardees in connecting their computer system to the system designated and maintained by Hardees or its affiliates as quickly as possible. Hardees retains the right to retrieve any data and information from the franchisee's computers, including electronically polling daily sales, menu mix, and other restaurant data.
Hardees also requires franchisees to use proprietary software programs, system documentation manuals, and other proprietary materials. Franchisees must input and maintain data as prescribed by Hardees and purchase new or upgraded software programs and system documentation manuals whenever Hardees adopts them system-wide. Franchisees are responsible for complying with Point to Point Credit Encryption Standards (P2PE) and the Payment Card Industry Data Security Standard (PCI DSS), which may require technology upgrades at the franchisee's expense. Additionally, franchisees must engage any vendor that Hardees designates to ensure data security and compliance with P2PE and PCI DSS, attesting to continuous compliance annually by providing a completed and signed PCI Attestation of Compliance (AOC) to Hardees.