Is a Hardees franchisee allowed to reproduce the Operation Procedures Manual (OPM) or any part of it?
Hardees Franchise · 2025 FDDAnswer from 2025 FDD Document
The OPM contains detailed standards, specifications, instructions, requirements, methods and procedures for management and operation of the Franchised Restaurant. The OPM also may relate to the selection, purchase, storage, preparation, packaging, ingredients, recipes, service and sale of all products and beverages sold at the Franchised Restaurant; management and employee training; marketing, advertising and sales promotions; maintenance and repair of the Franchised Restaurant building, grounds, equipment, graphics, signs, interior and exterior decor items, fixtures and furnishings; employee dress attire and appearance standards; menu concept and graphics; and accounting, bookkeeping, records retention and other business systems, procedures, operations and brand standards. Franchisee agrees at all times to operate the Franchised Restaurant in strict conformity with the OPM; to maintain the OPM at the Franchised Restaurant; to not reproduce the OPM or any part of it; and to treat the OPM as confidential and proprietary, and, to disclose the contents of the OPM only to those employees of Franchisee who have a need to know.
Source: Item 22 — Contracts (FDD page 85)
What This Means (2025 FDD)
According to Hardees's 2025 Franchise Disclosure Document, franchisees are explicitly prohibited from reproducing the Operation Procedures Manual (OPM) or any part of it. The FDD emphasizes the confidential and proprietary nature of the OPM, which contains detailed standards, specifications, and procedures for managing and operating a Hardee's restaurant. Franchisees are required to maintain the OPM at their restaurant and only disclose its contents to employees who have a need to know the information.
This restriction is typical in franchising, as franchisors like Hardees need to protect their intellectual property and maintain consistency across all franchise locations. The OPM includes crucial details about restaurant operations, including food preparation, employee training, marketing, and maintenance. Allowing franchisees to reproduce the manual could lead to unauthorized distribution of this information, potentially compromising the Hardees system and brand standards.
As a Hardees franchisee, you must agree to treat the OPM as confidential and proprietary. Hardees also retains the right to modify or supplement the OPM from time to time, communicating changes through various means such as letters, emails, bulletins, or software updates. Franchisees are responsible for keeping their copy of the OPM current and purchasing any necessary equipment to receive these communications. In case of a dispute regarding the OPM's contents, the master copy maintained by Hardees at its principal offices will be the controlling version.