For Hardees franchisees in Minnesota, what is deferred until the franchisor completes its pre-opening obligations under the franchise agreement?
Hardees Franchise · 2025 FDDAnswer from 2025 FDD Document
Based upon the franchisor's financial condition, the Minnesota Department of Commerce has required a financial assurance. Therefore, all initial fees and payments owed by franchisees shall be deferred until the franchisor completes its pre-opening obligations under the franchise agreement. In addition, all development fees and initial payments by area developers shall be deferred until the first franchise under the development agreement opens.
Source: Item 20 — OUTLETS AND FRANCHISEE INFORMATION (FDD pages 71–84)
What This Means (2025 FDD)
According to Hardees's 2025 Franchise Disclosure Document, specifically the addendum for Minnesota franchisees, all initial fees and payments owed by franchisees are deferred until Hardees completes its pre-opening obligations under the franchise agreement. This requirement is due to the Minnesota Department of Commerce mandating a financial assurance based on Hardees's financial condition. This deferral also applies to all development fees and initial payments by area developers, which are deferred until the first franchise under the development agreement opens.
For a prospective Hardees franchisee in Minnesota, this means they will not have to pay any initial fees or development fees until Hardees has fulfilled its obligations to help them get their restaurant ready to open. This lessens the financial burden on the franchisee during the initial stages of setting up the franchise.
This deferral provides a significant benefit to Minnesota franchisees, as it reduces their upfront financial risk. It ensures that Hardees is committed to providing the necessary support and resources before the franchisee invests their capital. This arrangement is not standard across all franchises and is a result of specific requirements by the Minnesota Department of Commerce to protect franchisees, given Hardees's financial condition.