For a Hardees franchise, what is the permitted use of the Franchised Restaurant?
Hardees Franchise · 2025 FDDAnswer from 2025 FDD Document
g and parking lot surfaces in first-class condition and repair in accordance with the requirements of the System, including all ongoing necessary remodeling, redecorating, refurbishing and repairs. In addition, Franchisee shall promptly and diligently perform all necessary maintenance, repairs and replacements to the Franchised Restaurant as HR may prescribe from time to time including periodic interior and exterior painting; resurfacing of the parking lot; roof repairs; and replacement of obsolete or worn out signage, floor coverings, furnishings, equipment and decor.
Franchisee shall not make any material alterations to the Franchised Restaurant that affect operations or the image of the System without HR's prior written approval. Franchisee acknowledges and agrees that the requirements of this Section are both reasonable and necessary to ensure continued public
acceptance and patronage of Hardee's Restaurants, to assist the Franchised Restaurant to compete effectively in the marketplace and to avoid deterioration or obsolescence of the operation of the Franchised Restaurant.
If the Franchised Restaurant is leased or subleased and the lease/sublease is renewed or extended (or a new lease/sublease is executed) during the Initial Term of this Agreement, Franchisee shall exercise good faith efforts to obtain the landlord's consent to inclusion of the lease provisions required by HR pursuant to Section 3 of this Agreement.
G. Maximum Operation of the Franchised Restaurant
During the term of this Agreement, Franchisee shall use the Franchised Location solely for the operation of the Franchised Restaurant and shall maintain sufficient inventories, adequately staff each shift with qualified employees and continuously operate the Franchised Restaurant at its maximum capacity and efficiency for the minimum number of days and hours set forth in the OPM or as HR otherwise prescribes in writing (subject to the requirements of local laws and licensing requirements).
Franchisee shall immediately resolve any customer complaints regarding the quality of food or beverages, service and/or cleanliness of the Franchised Restaurant or any similar complaints. When any customer complaints cannot be immediately resolved, Franchisee shall use best efforts to resolve the customer complaints as soon as practical and shall, whenever feasible, give the customer the benefit of the doubt. If HR, in its sole discretion, determines that its intervention is necessary or desirable to protect the System or the goodwill associated with the System, or if HR, in its sole discretion, believes that Franchisee has failed adequately to address or resolve any customer complaints, HR may, without Franchisee's consent, resolve any complaints and charge Franchisee an amount sufficient to cover HR's reasonable costs and expenses in resolving the customer complaints, which amount Franchisee shall pay HR immediately on demand.
**H.
Source: Item 16 — Restrictions on What the Franchisee May Sell (FDD pages 63–64)
What This Means (2025 FDD)
According to Hardees's 2025 Franchise Disclosure Document, a franchisee must use the Franchised Location solely for operating a Hardee's Restaurant. The franchisee is expected to maintain sufficient inventory, adequately staff each shift with qualified employees, and continuously operate the restaurant at its maximum capacity and efficiency. This operation must adhere to the minimum number of days and hours outlined in the Operations Procedures Manual (OPM) or as otherwise prescribed in writing by Hardees, while also complying with local laws and licensing requirements.
Hardees requires franchisees to address customer complaints immediately, focusing on the quality of food and beverages, service, and cleanliness. If a complaint cannot be resolved immediately, the franchisee must make their best effort to resolve it as soon as practical, often giving the customer the benefit of the doubt. Hardees reserves the right to intervene and resolve customer complaints if they believe it is necessary to protect the System or its goodwill, or if the franchisee has failed to adequately address the complaints. If Hardees intervenes, the franchisee will be charged for Hardees's costs and expenses in resolving the complaints.
Furthermore, franchisees cannot make any material alterations to the Franchised Restaurant that would affect operations or the image of the Hardees system without prior written approval from Hardees. This requirement is in place to ensure continued public acceptance and patronage, assist the restaurant in competing effectively, and prevent deterioration or obsolescence. The franchisee is also obligated to display interior and exterior signs and logos using the name "Hardee's" and other names, marks, advertising signs, and logos as directed by Hardees, and cannot display any sign, logo, or advertising media that Hardees objects to. Additionally, the franchisee is prohibited from having any unauthorized amusement equipment such as juke boxes, vending machines, or gambling devices at the Franchised Restaurant.