factual

Who is included in the definition of 'HR Releasees' that the franchisee is releasing claims against in the Hardees Franchise Agreement?

Hardees Franchise · 2025 FDD

Answer from 2025 FDD Document

Except as set forth at the end of this Section 19, Franchisee (on behalf of itself and its parent, subsidiaries and affiliates and their respective past and present officers, directors, shareholders, agents and employees, in their corporate and individual capacities) and all individuals who execute this Agreement (each a "Releasor" and collectively, "Releasors"), freely and without any influence, forever release and covenant 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 Agreement, 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 this Agreement and all other agreements between any Releasor and any HR Releasee, the sale of a franchise to any Releasor, the development of the Franchised Restaurant prior to the date of this Agreement 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.

Source: Item 22 — Contracts (FDD page 85)

What This Means (2025 FDD)

According to Hardees's 2025 Franchise Disclosure Document, the term 'HR Releasees' encompasses a broad range of individuals and entities associated with Hardees to whom the franchisee is releasing claims. Specifically, this includes Hardees Restaurants LLC ('HR'), its parents, subsidiaries, affiliates, predecessors, and successors.

Furthermore, the release extends to the past and present officers, directors, managers, shareholders, members, agents, and employees of these entities, acting in both their corporate and individual capacities. This comprehensive definition ensures that a wide array of parties connected to Hardees are protected from potential claims by the franchisee.

This clause is a standard legal protection mechanism in franchise agreements. It is important for prospective Hardees franchisees to fully understand the scope of this release, as it limits their ability to pursue legal action against the specified parties for events occurring on or before the date of the franchise agreement. However, the release does not extend to claims arising from misrepresentations in the Franchise Disclosure Document or violations of franchise laws.

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.