If a Hardees franchisee purchases local advertising and promotional materials from a source other than HR or its affiliates, what is the franchisee required to do?
Hardees Franchise · 2025 FDDAnswer from 2025 FDD Document
Local advertising and promotion materials may be purchased from any HR-approved source. If purchased from a source other than HR or its affiliates or if developed or created by you, these materials must comply with federal and local laws and regulations and with the guidelines for advertising and promotions promulgated from time to time by HR or its designee and must be submitted to HR or its designee at least 30 days prior to first use for approval, which HR may grant or withhold in its sole discretion. In no event may your advertising contain any statement or material which, in the sole discretion of HR, may be considered: (1) in bad taste or offensive to the public or to any group of persons; (2) defamatory of any person or an attack on any competitor; (3) to infringe upon the use, without permission, of any other persons' trade name, trademark, service mark or identification; or (4) inconsistent with the public image of HR or the System.
Source: Item 11 — Franchisor's Assistance, Advertising, Computer Systems, and Training (FDD pages 44–57)
What This Means (2025 FDD)
According to Hardees's 2025 Franchise Disclosure Document, a franchisee has specific obligations when purchasing local advertising and promotional materials from sources other than Hardees Restaurants (HR) or its affiliates. Before using these materials, the franchisee must submit them to HR or its designee for approval at least 30 days in advance. Hardees retains the sole discretion to grant or withhold approval.
The advertising materials must comply with all federal and local laws and regulations, as well as the advertising and promotion guidelines established by Hardees. The content of the advertising must adhere to certain standards. Specifically, the advertising cannot be in bad taste, offensive to the public, or any group of persons. It must not defame any person or attack any competitor.
Additionally, the advertising cannot infringe upon the trademarks, service marks, or trade names of others without permission. Finally, the advertising must be consistent with the public image of Hardees and its system. These requirements ensure that all local advertising aligns with Hardees's brand standards and legal requirements.