What must a Hardees franchisee do with the OPM (Operations Procedure Manual) and other materials furnished by Hardees upon termination of the franchise agreement?

According to Hardees's 2025 Franchise Disclosure Document, upon termination of the franchise agreement, a franchisee is required to take specific actions regarding the Operations Procedure Manual (OPM) and other materials provided by Hardees. The franchisee must promptly return the OPM, including any copies, along with all other materials and information furnished by Hardees. This includes deleting all electronic copies of the OPM and any other materials and information provided by Hardees that are in the franchisee's possession.

In addition to the OPM, the franchisee is also obligated to return all computer software, disks, tapes, and other electronic and magnetic storage media to Hardees in good condition, with the exception of normal wear and tear. This ensures that all proprietary and confidential information is returned to Hardees, preventing any unauthorized use or dissemination of their operational methods and systems.

These requirements are standard practice in franchising to protect the franchisor's intellectual property and maintain uniformity across the franchise system. Failure to comply with these post-termination obligations could result in legal action by Hardees to recover their materials and prevent any misuse of their confidential information. Therefore, it is crucial for a prospective Hardees franchisee to understand and be prepared to fulfill these obligations should the franchise agreement be terminated.