For a Hardees franchise, what happens if a franchisee builds any part of the restaurant outside of HR's specifications without prior written consent?

According to Hardees's 2025 Franchise Disclosure Document, if a franchisee builds any portion of the franchised restaurant outside of Hardees's specifications without prior written consent, Hardees has the right to delay the opening of the franchised restaurant. This delay will continue until the franchisee, at their sole expense, brings the restaurant's development into full compliance with Hardees's specifications.

This stipulation underscores the importance of adhering to Hardees's approved plans and specifications during the construction phase. Franchisees are responsible for all costs associated with developing, constructing, and equipping the restaurant. Hardees provides prototypical plans and specifications, but franchisees must ensure these plans comply with local ordinances, building codes, permit requirements, and lease restrictions.

Prospective Hardees franchisees should be aware that any deviation from the approved plans without prior written consent from Hardees can lead to significant delays and additional expenses. The franchisee bears the full financial burden of correcting any non-compliant construction to meet Hardees's standards. This requirement protects the uniformity and brand standards of the Hardees system, ensuring customers have a consistent experience across all locations.

To avoid potential delays and extra costs, franchisees must maintain open communication with Hardees throughout the construction process. Submitting proposed construction plans and obtaining written approval for any changes are crucial steps. This proactive approach helps ensure compliance and prevents costly rework, aligning the franchisee's interests with Hardees's brand standards and operational requirements.