Who determines if the Hardees franchisee or proposed transferee must complete remodels and upgrades?
Hardees Franchise · 2025 FDDAnswer from 2025 FDD Document
- (5) Franchisee or the proposed transferee, as determined by HR, must complete all remodel, renovations, re-image, maintenance and facility upgrades to modernize and conform the Franchised Restaurant to the image of the System for new franchised restaurants.
Source: Item 22 — Contracts (FDD page 85)
What This Means (2025 FDD)
According to Hardees's 2025 Franchise Disclosure Document, Hardees determines whether a franchisee or proposed transferee must complete remodels, renovations, re-imaging, maintenance, and facility upgrades to modernize and conform the franchised restaurant to the image of the Hardees system for new franchised restaurants. This determination is made by HR, which refers to Hardees.
This means that Hardees has the authority to require franchisees to update their restaurants to maintain a consistent brand image and meet current system standards. This can occur as a condition of renewal, as a condition of Hardees issuing consent to a proposed transfer, or at Hardees's request, but not more often than every 5 years. Franchisees are responsible for the costs associated with these required updates.
It is important to note that Hardees also has the right to waive, defer, or permit variations from these standards based on specific site peculiarities, building configurations, or other relevant conditions. However, Hardees can deny such requests if they believe it would not be in the best interest of the Hardees system. Franchisees must submit plans for any required modernization to Hardees for approval before starting work, and Hardees will provide written notice regarding required modernizations, including a timeline for completion.