What is the document that the Hardees Lease Addendum refers to?
Hardees Franchise · 2025 FDDAnswer from 2025 FDD Document
RECITALS:
Pursuant to the Lease, Landlord will lease or has leased to Tenant certain real property as defined in the Lease ("Premises") for the operation of a franchised Hardee's Restaurant ("Restaurant");
Tenant will develop and operate the Restaurant pursuant to a franchise agreement (the "Franchise Agreement") with Hardee's Restaurants LLC or its affiliates (collectively "HR"), and the Lease is contingent upon Tenant's execution of the Franchise Agreement with HR; and
The Franchise Agreement requires, among other things, that the Lease contain certain provisions. Landlord and Tenant desire to modify the Lease to add those required provisions as set forth below, and agree that the terms and provisions of this Lease Addendum are hereby deemed incorporated into and made a part of the Lease.
NOW, THEREFORE, notwithstanding anything to the contrary elsewhere in the Lease, for good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, Landlord and Tenant agree as follows:
Source: Item 23 — Receipts (FDD pages 85–541)
What This Means (2025 FDD)
According to the 2025 Hardees Franchise Disclosure Document, the Hardees Lease Addendum modifies the original lease agreement between the landlord and the tenant (franchisee). The addendum ensures that the lease contains provisions required by the Franchise Agreement.
The Lease Addendum is incorporated into and becomes part of the original lease. It outlines specific rights and obligations of Hardees Restaurants LLC (HR), the landlord, and the tenant. These include the use of Hardees' proprietary marks, the ability for HR to modify the premises to protect the Hardee's system, and the conditions under which HR can take over the lease.
This addendum is crucial for protecting Hardees' interests and ensuring brand consistency. It also gives Hardees certain rights to step in and manage the property under specific circumstances, such as the tenant's default or the termination of the Franchise Agreement. The Lease Addendum also establishes Hardees as a third-party beneficiary, allowing them to enforce rights granted within the addendum.
Prospective Hardees franchisees should carefully review the Lease Addendum along with the Franchise Agreement and the lease itself to fully understand their obligations and the franchisor's rights regarding the restaurant premises. Understanding these documents is essential for a successful and compliant franchise operation.