What items in the Hardees disclosure document provide more detailed information regarding pre-opening purchases/leases?
Hardees Franchise · 2025 FDDAnswer from 2025 FDD Document
[Item 11: Franchisor's Assistance, Advertising, Computer Systems, and Training]
Except as listed below, we are not required to provide you with any assistance.
HR's Pre-Opening Obligations
Before you open your Franchised Restaurant, we will:
- 1. Provide you with the following site selection assistance: (a) HR's site selection guidelines and, as you may request, a reasonable amount of consultation with respect to site selection; and (b) onsite evaluation that we may deem advisable as part of our evaluation of your request for site acceptance. (Development Agreement, § 5.B and Franchise Agreement, § 4.B.)
- 2. Advise you in writing, within 45 days after our receipt of all documents that we require, whether we have accepted a particular site; however, we have no obligation to review any development proposal if you or your affiliates are not in full compliance with all agreements with us or our affiliates. If we do not respond within that time period, we will be deemed not to have accepted the site. (Development Agreement, § 5.D and Franchise Agreement, § 4.D.)
- 3. Provide you electronic access to, the OPM, which contains information and knowledge that is unique, necessary and material to the Hardee's System. The OPM remains our property. We may revise the contents of the OPM, and you agree to comply with each new or changed section. (Franchise Agreement, § 9.) The Table of Contents of the OPM as of the date of this disclosure document is attached as Exhibit G. As of that date, the OPM contained approximately 224 pages.
- 4. Provide our FMTP to up to 8 individuals. The details of the FMTP are described later in this Item. (Franchise Agreement, § 11.A.)
- 5. Provide you with any development training that we may require. (Development Agreement, § 5.G and Franchise Agreement, § 4.A.)
- 6. Provide you electronic access to, the Development Guide, which contains mandatory specifications and standards relating to construction of Hardee's Restaurants and information relating to your other obligations under the Development Agreement. (Development Agreement, § 6 and Franchise Agreement, § 4.E.)
Source: Item 9 — Franchisee's Obligations (FDD pages 42–43)
What This Means (2025 FDD)
Based on the 2025 Hardees Franchise Disclosure Document, Item 11 outlines Hardees's pre-opening obligations, which indirectly relate to pre-opening purchases and leases. Specifically, Hardees commits to providing site selection assistance, including site selection guidelines and consultation, as well as on-site evaluations. They will advise the franchisee in writing regarding site acceptance within 45 days of receiving all required documents. Hardees also provides electronic access to the OPM (Operations Procedure Manual) and the Development Guide, which contain information and specifications relevant to the Hardees system and restaurant construction.
While Item 11 details Hardees's assistance, it does not provide specific details about what pre-opening purchases or leases a franchisee will need to make. The Development Guide, mentioned in Item 11, contains mandatory specifications and standards relating to construction, suggesting that it might contain some information about required purchases. However, the FDD excerpt does not elaborate on the specific contents of the Development Guide beyond its general purpose.
To gain a comprehensive understanding of the pre-opening purchases and leases required, a prospective Hardees franchisee should carefully review the Development Guide and Operations Procedure Manual. It would also be prudent to ask Hardees for a detailed list of all required pre-opening expenditures, including equipment, supplies, and leasehold improvements, to fully understand the financial obligations involved in starting a Hardees franchise.