Is a Hardees franchisee required to participate in all advertising, marketing, promotions, research and public relations programs instituted by the HNAF?

According to Hardees's 2025 Franchise Disclosure Document, franchisees are required to participate in all advertising, marketing, promotions, research, and public relations programs instituted by the Hardee's National Advertising Fund (HNAF). HR, or its designee, directs all advertising, marketing, and public relations programs and activities financed by HNAF, and has sole discretion over the creative concepts, materials, endorsements, geographic placement, market placement, and media allocation of advertising and marketing materials.

This means that as a Hardees franchisee, you must take part in all HNAF programs. Hardees uses the HNAF to cover the costs of preparing and producing materials and programs such as video, audio, and written advertising materials. The fund also covers employing advertising agencies, sponsoring events, administering regional and multi-regional advertising programs (including direct mail and in-app support for third-party delivery platforms), and supporting public relations, market research, and other promotional activities.

Hardees separately accounts for payments to HNAF but is not required to segregate HNAF funds from its other monies. HNAF may hire employees for its administration, and HR and its affiliates may be reimbursed by HNAF for expenses related to its marketing programs. HR may spend more or less than the aggregate contribution of all Hardee's Restaurants to HNAF during any fiscal year or invest any surplus for future use. Franchisees are entitled to receive an annual statement of monies collected and costs incurred by HNAF upon written request.

This mandatory participation ensures a consistent brand image and marketing strategy across all Hardees locations. However, franchisees have limited control over the specific advertising content and placement, as these decisions are made by HR or its designee. Franchisees should be aware that they are obligated to contribute to and participate in these programs as a condition of their franchise agreement.