Does the general release in the Hardees guarantee include claims arising from representations in the Hardee's Franchise Disclosure Document?

According to the 2025 Hardees Franchise Disclosure Document, the general release provided by the guarantor does not include claims arising from representations made in the Hardee's Franchise Disclosure Document (FDD). This means that a franchisee or guarantor is not prevented from pursuing claims against Hardees based on information contained within the FDD. This protection extends to claims arising under applicable state or federal franchise laws regulating the offer or sale of the franchise, including the FTC Rule on Franchising.

This exclusion is significant for prospective Hardees franchisees because it preserves their legal rights to hold Hardees accountable for the accuracy and completeness of the information provided in the FDD. The FDD is a critical document that provides essential details about the franchise opportunity, including fees, obligations, and financial performance. If a franchisee believes that Hardees made misrepresentations or omissions in the FDD that induced them to invest in the franchise, this clause ensures they can seek legal recourse.

It is important for prospective Hardees franchisees to carefully review the FDD and consult with legal counsel to understand their rights and obligations. While the general release does not cover claims arising from FDD representations, other provisions in the franchise agreement may affect a franchisee's ability to pursue claims against Hardees. Franchisees should pay close attention to clauses regarding dispute resolution, governing law, and limitations of liability to fully understand the legal landscape of the franchise relationship.