In the event of a conflict between the Master Services Agreement and the Dispatch Services Terms & Conditions Addendum, which document governs the Hardees franchise?
Hardees Franchise · 2025 FDDAnswer from 2025 FDD Document
This Addendum forms a part of the Master Services Agreement and is applicable upon execution of an Order Form in which the parties have agreed that Olo will provide the Customer with its delivery platform allowing for the scheduling and billing of delivery services ("Dispatch"). In the event that this Addendum conflicts with the Agreement, or there is an inconsistency, this Addendum shall control. Unless otherwise defined herein, capitalized terms have the meanings ascribed to such terms in the Agreement.
Source: Item 23 — Receipts (FDD pages 85–541)
What This Means (2025 FDD)
According to Hardees's 2025 Franchise Disclosure Document, the Dispatch Services Terms & Conditions Addendum takes precedence over the Master Services Agreement in case of a conflict or inconsistency. This addendum is applicable when an order form is executed, indicating that Olo will provide the customer with its delivery platform for scheduling and billing delivery services. This is crucial for Hardees franchisees who utilize Olo's delivery platform, as the terms outlined in the addendum will govern their use of the Dispatch services.
For a prospective Hardees franchisee, this means that when using Olo's delivery services, they should pay close attention to the Dispatch Services Terms & Conditions Addendum. If any clause in the Master Services Agreement contradicts the addendum, the addendum's terms will apply. This ensures clarity and specific governance for the delivery platform services provided by Olo.
This clause is important because it clarifies the hierarchy of agreements, preventing potential disputes over conflicting terms. Franchisees should carefully review both the Master Services Agreement and the Dispatch Services Terms & Conditions Addendum to fully understand their obligations and rights when using Olo's delivery services. This ensures that they are compliant with the specific terms that govern the Dispatch services within the Hardees franchise system.