When leasing or subleasing a Hardees restaurant from a third party, when must the franchisee provide HR with a copy of the fully-executed lease or sublease?
Hardees Franchise · 2025 FDDAnswer from 2025 FDD Document
- 3. If the Franchised Restaurant is leased or subleased from a third party ("Landlord"), Franchisee shall provide HR a copy of the fully-executed lease or sublease, together with any amendments to the lease or sublease (collectively, "Lease") simultaneously with the execution of this Addendum. The term of the Lease shall continue for at least the Renewal Term of the Franchise Agreement. If the Lease does not contain the language required by HR to be included in the Lease, or if Franchisee has not previously provided HR with a fully-signed Lease Addendum as required by the Prior Agreement and the Franchise Agreement, Franchisee shall use its best efforts to obtain the Landlord's signature on HR's Lease
Addendum, in the form attached to the Franchise Agreement, and provide HR with a fully signed Lease Addendum within 60 days after the commencement date of the Renewal Term.
Source: Item 22 — Contracts (FDD page 85)
What This Means (2025 FDD)
According to Hardees's 2025 Franchise Disclosure Document, if a franchisee leases or subleases the restaurant location from a third party, they must provide Hardees (HR) with a copy of the fully-executed lease or sublease, along with any amendments, simultaneously with the execution of the Renewal Addendum.
Additionally, if the lease does not contain the language required by Hardees, or if the franchisee has not previously provided a fully-signed Lease Addendum, the franchisee must make their best effort to obtain the landlord's signature on Hardees's Lease Addendum and provide it to Hardees within 60 days after the commencement date of the Renewal Term.
This requirement ensures that Hardees has complete and up-to-date information regarding the franchisee's lease agreements, allowing them to protect their interests and ensure compliance with their standards. It also allows Hardees to confirm that the lease terms are sufficient for the renewal term of the franchise agreement.