What is the deadline for Hardees to notify the franchisee whether the proposed construction plans for the Franchised Restaurant are approved?
Hardees Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee shall submit proposed construction plans, specifications and drawings for the Franchised Restaurant ("Plans") to HR and shall, upon HR's request, submit all revised or "as built" Plans during the course of such construction. HR will review the Plans and notify Franchisee within 30 days after HR receives the Plans, or such longer period as HR requires, whether the Plans are approved. HR's approval shall not be unreasonably withheld. Once HR has approved the Plans and Franchisee has signed each page of the Plans acknowledging the approval and Franchisee's obligations for compliance, no substantial change shall be made to the Plans without the prior approval of HR, which shall not be unreasonably withheld. If, in the course of construction, any such change in the Plans is contemplated, HR's approval must first be obtained before proceeding. HR shall approve or disapprove Plan changes within 10 business days after receipt.
Source: Item 22 — Contracts (FDD page 85)
What This Means (2025 FDD)
According to Hardees' 2025 Franchise Disclosure Document, Hardees will review the franchisee's proposed construction plans, specifications, and drawings for the Franchised Restaurant. Hardees is obligated to notify the franchisee whether the plans are approved within 30 days after Hardees receives them. However, Hardees can extend this review period if they require a longer time to assess the plans.
Hardees' approval of the franchisee's construction plans will not be unreasonably withheld. Once Hardees approves the plans, the franchisee must sign each page to acknowledge the approval and their obligation to comply with the plans. After this acknowledgement, the franchisee cannot make any substantial changes to the plans without Hardees' prior approval, which again, will not be unreasonably withheld.
If the franchisee contemplates any changes to the plans during construction, they must obtain Hardees' approval before proceeding with the changes. Hardees is then required to approve or disapprove these proposed plan changes within 10 business days after receiving them. This process ensures that the Hardees brand standards are maintained throughout the construction and operation of the franchise.