factual

If a Hardees franchisee proposes to use fixtures, furnishings, equipment, or signs not already approved by HR, what is the franchisee required to do?

Hardees Franchise · 2025 FDD

Answer from 2025 FDD Document

Franchisee shall purchase or lease approved brands, types or models of fixtures, furnishings, equipment and signs only from suppliers designated or approved by HR, which may include HR. If Franchisee proposes to purchase, lease or otherwise use any fixtures, furnishings, equipment or signs which have not been approved by HR, Franchisee shall first notify HR in writing and shall, at its sole expense, submit to HR upon its request, sufficient specifications, photographs, drawings and/or other information or samples for a determination as to whether those fixtures, furnishings, equipment and/or signs comply with HR's specifications and standards. HR will, in its sole discretion, approve or disapprove the items and notify Franchisee within 30 days after HR receives the request, or such longer period as HR requires.

Source: Item 22 — Contracts (FDD page 85)

What This Means (2025 FDD)

According to Hardees's 2025 Franchise Disclosure Document, if a franchisee wants to use fixtures, furnishings, equipment, or signs that Hardees hasn't already approved, the franchisee must first inform Hardees in writing. Then, the franchisee has to provide Hardees with enough details to assess whether the items meet Hardees's standards. This includes specifications, photographs, drawings, or samples, and the franchisee bears the expense of providing these materials.

Hardees has the sole right to decide whether to approve or reject the franchisee's proposed items. Hardees will then notify the franchisee of their decision within 30 days of receiving the request, although Hardees can take longer if needed.

This requirement ensures that all Hardees restaurants maintain a consistent brand image and meet Hardees's standards for quality and appearance. For a prospective franchisee, this means they cannot freely choose their own vendors or designs for these items without Hardees's explicit consent. This process could potentially add time and costs to the restaurant setup, as the franchisee is responsible for the expenses associated with submitting items for approval.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.