If a Hardees franchisee relocates after losing possession, how long do they have to open the new location?
Hardees Franchise · 2025 FDDAnswer from 2025 FDD Document
Our prior written consent is required before you relocate the Franchised Restaurant. If your right to possession of the Franchise Restaurant premises is lost through no act or failure to act on your part, you may relocate the Franchised Restaurant if: (1) we accept the new location; (2) you construct and equip a Franchised Restaurant at the new location in accordance with the then-current System standards and specifications; (3) a Franchised Restaurant at the new location is open to the public for business within 6 months after the loss of possession of the original franchised location; and (4) you reimburse us for all reasonable expenses actually incurred by us in connection with the acceptance of the new location.
Source: Item 12 — Territory (FDD pages 57–59)
What This Means (2025 FDD)
According to Hardees's 2025 Franchise Disclosure Document, a franchisee who loses possession of their restaurant premises through no fault of their own has a limited time to relocate and reopen. Specifically, the franchisee must have a new Hardees restaurant location open to the public within 6 months after losing possession of the original location.
However, this relocation is contingent on several conditions. First, Hardees must approve the new location. Second, the franchisee is responsible for constructing and equipping the new restaurant to meet the brand's current system standards and specifications. Finally, the franchisee must reimburse Hardees for all reasonable expenses the company incurs while assessing and accepting the new location.
This requirement ensures that Hardees franchisees act quickly to resume operations if unforeseen circumstances force a relocation. The six-month window provides a defined timeframe for securing a new site, completing construction, and reopening the restaurant, while the other conditions protect Hardees's interests by ensuring the new location meets their standards and that they are compensated for any expenses incurred during the relocation approval process.