factual

What factors are excluded when determining the purchase price of Hardees franchise assets?

Hardees Franchise · 2025 FDD

Answer from 2025 FDD Document

Further, the Purchase Price for the Assets shall not contain any factor or increment for any trademark, service mark or other commercial symbol used in connection with the operation of the Franchised Restaurant nor any goodwill or "going concern" value for the Franchised Restaurant.

Source: Item 22 — Contracts (FDD page 85)

What This Means (2025 FDD)

According to Hardees's 2025 Franchise Disclosure Document, when Hardees exercises its option to purchase a franchise location's assets, the purchase price calculation specifically excludes certain intangible elements. The purchase price will not include any value attributed to Hardees's trademarks, service marks, or other commercial symbols associated with the restaurant's operation. Furthermore, the calculation omits any consideration for the goodwill or "going concern" value of the franchised Hardees restaurant.

This means that Hardees, when buying back a franchise, is only paying for the tangible assets like equipment, leasehold improvements, and inventory, and not for the brand recognition or established customer base that contributes to the restaurant's profitability. This could result in a lower purchase price than a franchisee might expect if they were selling the business to an independent third party.

For a prospective Hardees franchisee, this is an important consideration when evaluating the potential return on investment. If the franchisee anticipates selling the business back to Hardees at the end of the franchise term, they should be aware that the purchase price will be based solely on the fair market value of the physical assets, excluding any intangible value associated with the Hardees brand or the restaurant's ongoing operations. This highlights the importance of carefully managing and maintaining the physical assets of the franchise to maximize their value in the event of a buyback by Hardees.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.