Does HR assume any liability to the Developer for providing any waiver, approval, consent or suggestion in connection with the Hardees Development Agreement?
Hardees Franchise · 2025 FDDAnswer from 2025 FDD Document
- B. HR makes no warranties or guarantees upon which Developer may rely by providing any waiver, approval, consent or suggestion to Developer in connection with this Agreement, and assumes no liability or obligation to Developer therefor, or by reason of any neglect, delay, or denial of any request therefor. HR shall not, by virtue of any approvals, advice or services provided to Developer, assume responsibility or liability to Developer or to any third parties to which HR would not otherwise be subject.
Source: Item 23 — Receipts (FDD pages 85–541)
What This Means (2025 FDD)
According to Hardees's 2025 Franchise Disclosure Document, Hardees, referred to as HR, does not make any warranties or guarantees regarding any waiver, approval, consent, or suggestion provided to the Developer in connection with the Development Agreement. Hardees assumes no liability or obligation to the Developer for providing any waiver, approval, consent, or suggestion, or because of any neglect, delay, or denial of any request.
Hardees will not assume responsibility or liability to the Developer or any third parties due to any approvals, advice, or services provided to the Developer, to which Hardees would not otherwise be subject. This means that if Hardees provides some form of assistance or approval, it doesn't open them up to additional legal claims beyond what is already stipulated in the agreement.
Furthermore, Hardees's acceptance of a site does not represent or promise that a franchised restaurant at an authorized site will achieve a certain sales volume or level of profitability. The acceptance of one or more sites and its refusal to accept other sites is not a representation or a promise that an authorized site will have a higher sales volume or be more profitable than a site that Hardees did not accept. Hardees's acceptance means that the minimum criteria which Hardees has established for identifying suitable sites for proposed Hardee's Restaurants have been met. Because real estate development is not a precise science, the Developer agrees that acceptance, or refusal to accept a proposed site by HR, whether or not a site report is completed and/or submitted to HR shall not impose any liability or obligation on HR.
In practical terms, a prospective Hardees developer should understand that any guidance or approvals received from Hardees are not a guarantee of success and do not create any additional liability for Hardees. The developer is ultimately responsible for their own decisions and due diligence.