Does the Guarantor of a Hardees franchise waive protest and notice of default to any party?
Hardees Franchise · 2025 FDDAnswer from 2025 FDD Document
- **3.
General Release.** Except as set forth at the end of this Section 3, each Guarantor (if an individual, on behalf of him/herself and his/her heirs, representatives, successors and assigns, and if a business entity, on behalf of itself and its parent, subsidiaries and affiliates) (each a "Releasor" and collectively, "Releasors"), freely and without any influence, forever releases and covenants not to sue HR, its parents, subsidiaries, affiliates, predecessors and successors and their respective past and present officers, directors, managers, shareholders, members, agents and employees, in their corporate and individual capacities (collectively, "HR Releasees"), from any and all claims, demands, liabilities and causes of action of whatever kind or nature, whether known or unknown, vested or contingent, suspected or unsuspected (collectively "claims"), that any Releasor now owns or holds or may in the future own or hold, based on, arising out of or relating to, in whole or in part, any fact, event, conduct or omission occurring on or before the date of this Guarantee, including, without limitation, claims arising under federal, state and local laws, rules and ordinances, claims for contribution, indemnity and/or subrogation, and claims arising out of, or relating to the Agreement and all other agreements between any Releasor and any HR Releasee, the sale of a franchise to any Releasor, the development of any Franchised Restaurant and the development and operation of all other restaurants operated by any Releasor that are or were franchised by HR or its parents, subsidiaries, affiliates or predecessors.
Each Guarantor (on behalf of the applicable Releasors) expressly agrees that fair consideration has been given by HR for this release and fully understands that this is a negotiated, complete and final release of all claims.
This release does not include a release of claims arising from representations in the Hardee's Franchise Disclosure Document provided to any Releasor in connection with the Agreement or any claims arising under any applicable state or federal franchise laws regulating the offer or sale of the franchise for the Agreement as of the date of the Agreement (including without limitation the FTC Rule on Franchising (16 C.F.R.
Part 436).
- **4.
Source: Item 23 — Receipts (FDD pages 85–541)
What This Means (2025 FDD)
According to the 2025 Hardees Franchise Disclosure Document, each guarantor, whether an individual or a business entity, agrees to a general release, waiving their right to sue HR (Hardees Restaurants LLC) and its affiliates. This release covers a broad range of claims, demands, liabilities, and causes of action, whether known or unknown, that the guarantor may have against HR.
This waiver specifically includes claims arising from events occurring on or before the date of the guarantee, related to the franchise agreement, the sale of the franchise, the development of franchised restaurants, and the operation of other restaurants franchised by Hardees. The guarantor acknowledges that they have received fair consideration for this release and that it is a complete and final waiver of all claims.
However, this release does not extend to claims arising from representations made in the Hardees Franchise Disclosure Document itself or claims arising under applicable state or federal franchise laws regulating the offer or sale of the franchise, including the FTC Rule on Franchising.