What document will the Hardees franchisee and franchisor execute at the closing of the transaction?
Hardees Franchise · 2025 FDDAnswer from 2025 FDD Document
| A. I have received a copy of Hardee's Restaurants Franchise Disclosure Document (and all exhibits and attachments) (the "Disclosure Document") at least fourteen calendar days prior to signing the Hardee's Restaurants Franchise Agreement (the "Franchise Agreement"). If I am a resident of Iowa, I acknowledge that I received the Disclosure Document at the earlier of the first personal meeting or at least 10 business days before the execution of any franchise or other agreement or payment of any consideration that relates to the franchise relationship. If not accurate, please comment: |
|---|
| B. |
| The Franchise Agreement involves significant legal and business rights and risks. HR does not guarantee |
| my success. I have read the Franchise Agreement in its entirety, conducted an independent investigation of the business |
| contemplated by the Franchise Agreement, have been thoroughly advised with regard to the terms and conditions of the |
| Franchise Agreement by legal counsel or other advisors of my choosing, recognize that the nature of the business |
| conducted by Hardee's Restaurants may change over time, have had ample opportunity to investigate all representations |
| made by or on behalf of HR, and have had ample opportunity to consult with current and former franchisees of HR. The |
| prospect for success of the business undertaken by me is speculative and depends to a material extent upon my personal |
| commitment, capability and direct involvement in the day-to-day management of the business. If not accurate, please |
| comment: |
| C. |
| HR makes no express or implied warranties or representations that I will achieve any degree of success |
| in the development or operation of the Franchised Restaurant and that success in the development and operation of the |
| Franchised Restaurant depends ultimately on my efforts and abilities and on other factors, including, but not limited to, |
| market and other economic conditions, my financial condition and competition. If not accurate, please comment: |
| D. |
| HR has entered, and will continue to enter, into agreements with other franchisees. The manner in which |
| HR enforces its rights and the franchisees' obligations under any of those other agreements shall not affect the ability of |
| HR to enforce its rights or my obligations under my Franchise Agreement. If not accurate, please comment: |
| E. |
| Other than as expressly stated in Item 19 of the Disclosure Document, I have not received from HR or |
| its affiliates or anyone acting on their behalf, any oral, written or visual claim, statement, promise or representation to |
| me that stated, suggested, predicted or projected sales, revenues, earnings, income or profit levels at any Hardee's |
Source: Item 10 — Financing (FDD pages 43–44)
What This Means (2025 FDD)
According to Hardees's 2025 Franchise Disclosure Document, the franchisee and Hardees will execute the Hardee's Restaurants Franchise Agreement at the closing of the transaction. Item 22 indicates that the franchisee must acknowledge receiving the Franchise Disclosure Document at least fourteen calendar days prior to signing the Hardee's Restaurants Franchise Agreement.
For franchisees in certain states like California, South Dakota, North Dakota, and Washington, addenda to the franchise agreement are also executed simultaneously with the Franchise Agreement. These addenda modify specific terms of the agreement to comply with state laws or address specific conditions related to the franchise operation within that state. For example, the North Dakota addendum addresses issues such as injunctive relief, disclaimers, and the effectiveness of the addendum based on jurisdictional requirements.
Additionally, the entire agreement between Hardees and the franchisee includes the Franchise Agreement, the Operations Procedures Manual (OPM), any documents referred to within the agreement, and all attachments. This comprehensive set of documents constitutes the complete understanding between the parties, superseding any prior negotiations or discussions. Any amendments or changes to the agreement must be mutually agreed upon in writing to be binding.