Can the Hardees Franchise Agreement be executed in counterparts?
Hardees Franchise · 2025 FDDAnswer from 2025 FDD Document
Following HR's acceptance of each proposed site and Developer's submission to HR of a signed lease or sublease for the proposed site, or evidence that Developer has completed its purchase of the proposed site, HR will prepare and forward to Developer a Franchise Agreement for the Authorized Site. The form of Franchise Agreement for each Franchised Restaurant to be developed by Developer pursuant to this Agreement shall be the applicable standard form in general use immediately prior to the time that Developer commences construction at the applicable Authorized Site. Developer shall execute and return the Franchise Agreement to HR, along with the Initial Franchise Fee, within 10 days after receipt by Developer, and, following receipt by HR, HR shall execute the Franchise Agreement and return a fullyexecuted original of the Franchise Agreement to Developer. Developer may not commence construction at the Authorized Site prior to its receipt of a fully-executed Franchise Agreement and its payment to HR of the Initial Franchise Fee.
Source: Item 23 — Receipts (FDD pages 85–541)
What This Means (2025 FDD)
Based on the 2025 Hardees Franchise Disclosure Document, the process for executing the Franchise Agreement involves Hardees preparing and sending the agreement to the developer after site acceptance and submission of a signed lease or proof of purchase. The developer then has 10 days to execute and return the agreement along with the initial franchise fee. Hardees will then execute the agreement and return a fully-executed original to the developer.
This process indicates a sequential execution where the developer signs first, followed by Hardees. The FDD does not explicitly state whether the agreement can be executed in counterparts, where each party signs a separate copy, and all copies together form the complete agreement.
Given the absence of specific language about counterpart execution, a prospective Hardees franchisee should clarify with Hardees whether they permit the Franchise Agreement to be signed in counterparts. This clarification can streamline the execution process, especially if the franchisee and Hardees are located in different geographic locations.