In the event of a breach of the Hardees franchise agreement by the franchisee, does the right of Hardees to seek equitable remedies, such as injunctive relief, replace or supplement other legal remedies available to Hardees?

According to Hardees's 2025 Franchise Disclosure Document, the franchise agreement specifies that no right or remedy conferred upon or reserved to Hardees is intended to be exclusive of any other right or remedy provided by the agreement, law, or equity. This means that Hardees's ability to seek equitable remedies, such as injunctive relief, does not replace but rather supplements any other legal remedies available to them.

This provision ensures that Hardees has a full range of options available to address any breach of the franchise agreement by a franchisee. For instance, Hardees can pursue monetary damages for financial losses resulting from a breach while also seeking an injunction to stop the franchisee from continuing the harmful behavior. This is a common practice in franchising, as it allows the franchisor to protect its brand, system, and reputation effectively.

For a prospective Hardees franchisee, this clause implies that Hardees can utilize multiple legal avenues simultaneously to enforce the franchise agreement. It is crucial for franchisees to understand their obligations under the agreement and to comply with them diligently to avoid facing such actions. This also highlights the importance of seeking legal counsel to fully understand the implications of the franchise agreement before signing.