What does the Hardees Development Guide contain regarding the construction of Hardees Restaurants?
Hardees Franchise · 2025 FDDAnswer from 2025 FDD Document
HR will provide Developer for the Development Term one copy of, or provide Developer electronic access to, the Development Guide. The Development Guide contains mandatory specifications and standards relating to construction of Hardee's Restaurants and information relating to Developer's other obligations under this Agreement. Developer agrees to comply fully with these obligations and mandatory
specifications. The Development Guide may be supplemented or amended from time to time by letter, email, bulletin, construction standards manuals, software or other communications concerning the Hardee's System to reflect changes in the image, specifications and standards relating to the development and construction of a Hardee's Restaurant. Supplements or amendments to the Development Guide also may contain, among other matters, minimum standards and requirements for constructing, equipping and furnishing a Hardee's Restaurant. HR reserves the right to furnish all or part of the Development Guide to Developer in electronic form or online (including by Intranet) and establish terms of use for access to any restricted portion of HR's web site. Developer shall keep its copy of the Development Guide current and up-to-date with all additions and deletions provided by HR and shall purchase whatever equipment and related services (including, without limitation, computer system, Internet service, dedicated phone line, etc.) as may be necessary to receive these communications. If a dispute relating to the contents of the Development Guide develops, the master copy maintained by HR at its principal offices shall control.
Source: Item 23 — Receipts (FDD pages 85–541)
What This Means (2025 FDD)
According to Hardees's 2025 Franchise Disclosure Document, the Development Guide contains specifications and standards that are mandatory for the construction of Hardees Restaurants. It also includes information about the developer's obligations under the Development Agreement. Hardees may supplement or amend the Development Guide with updated information regarding the Hardees system. These updates may come in the form of letters, emails, bulletins, construction standards manuals, software, or other communications.
The supplements or amendments to the Development Guide may also contain minimum standards and requirements for constructing, equipping, and furnishing a Hardees Restaurant. Hardees has the right to furnish all or part of the Development Guide to the developer in electronic form or online, including via an intranet, and can establish terms of use for access to any restricted portion of Hardees's website.
The developer is responsible for keeping their copy of the Development Guide current and up-to-date with all additions and deletions provided by Hardees. The developer must also purchase any necessary equipment and related services, such as a computer system, internet service, and a dedicated phone line, to receive these communications. In the event of a dispute regarding the contents of the Development Guide, the master copy maintained by Hardees at its principal offices will be the controlling version.
For a prospective Hardees franchisee, this means they must adhere to the construction standards outlined in the Development Guide and any updates to it. They also need to ensure they have the necessary technology to receive updates and communicate with Hardees. The franchisee bears the costs of these technology requirements. It is also important to note that Hardees retains the final say on the contents of the Development Guide, which could impact construction and operational requirements.