Can a Hardees franchisee suggest a new menu item or a change to an existing one?
Hardees Franchise · 2025 FDDAnswer from 2025 FDD Document
As a result of the expenditure of time, skill, effort and money, HR and its predecessor have developed, and HR owns, a unique and distinctive system ("System") relating to the development, establishment and operation of quick service restaurants ("Hardee's Restaurants").
- B. The distinguishing characteristics of the System include, without limitation, uniform and distinctive exterior and interior design, layout and trade dress, including specially designed decor and furnishings; an efficient kitchen and equipment layout featuring an automatic charbroiling cooking process; special recipes and menu items; procedures and techniques for food and beverage storage, preparation, service and sanitation; technical assistance and training through course instruction and manuals; and advertising and promotional programs. The System and its components may be changed, improved, and further developed by HR from time to time.
- C. HR identifies the System by means of certain trade names, trademarks, service marks, trade dress, logos, insignias, slogans, emblems, symbols, designs and any combination thereof or any other indicia of source (collectively "Proprietary Marks") which HR has designated or may in the future designate for use with the System. The Proprietary Marks used to identify the System, including the principal Proprietary Marks, may be modified by HR and/or its affiliates from time to time.
- F. Franchisee understands and acknowledges the importance of HR's high and uniform standards of quality, operations and service and the necessity of developing and operating the Franchised Restaurant (the "System Standards") in strict conformity with this Agreement, the Development Guide, and the Operation Procedures Manual ("OPM").
Source: Item 22 — Contracts (FDD page 85)
What This Means (2025 FDD)
According to the 2025 Hardees Franchise Disclosure Document, Hardees retains the right to modify the System, which includes special recipes and menu items. The franchise agreement emphasizes that the Hardees system and its components may be changed, improved, and further developed by HR from time to time.
This means that while a Hardees franchisee must adhere to the standards and specifications established by Hardees, the franchisor has the authority to make changes to the menu items. The franchisee is expected to operate in strict conformity with the franchise agreement, development guide, and operations procedures manual, implying limited autonomy in altering established menu items or introducing new ones without prior approval from Hardees.
While the FDD excerpts do not explicitly state whether a franchisee can suggest new menu items or changes, it is common in franchising for franchisees to provide feedback or suggestions to the franchisor. However, the final decision-making authority regarding menu changes typically rests with the franchisor to maintain brand consistency and quality control across all locations. A prospective franchisee should inquire with Hardees about the process for suggesting menu innovations and the extent to which franchisee input is considered in menu development decisions.