Who are the parties involved in the Hardees Lease Addendum?
Hardees Franchise · 2025 FDDAnswer from 2025 FDD Document
RECITALS:
Pursuant to the Lease, Landlord will lease or has leased to Tenant certain real property as defined in the Lease ("Premises") for the operation of a franchised Hardee's Restaurant ("Restaurant");
Tenant will develop and operate the Restaurant pursuant to a franchise agreement (the "Franchise Agreement") with Hardee's Restaurants LLC or its affiliates (collectively "HR"), and the Lease is contingent upon Tenant's execution of the Franchise Agreement with HR; and
The Franchise Agreement requires, among other things, that the Lease contain certain provisions. Landlord and Tenant desire to modify the Lease to add those required provisions as set forth below, and agree that the terms and provisions of this Lease Addendum are hereby deemed incorporated into and made a part of the Lease.
NOW, THEREFORE, notwithstanding anything to the contrary elsewhere in the Lease, for good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, Landlord and Tenant agree as follows:
Source: Item 23 — Receipts (FDD pages 85–541)
What This Means (2025 FDD)
According to the 2025 Hardees Franchise Disclosure Document, the parties involved in the Hardees Lease Addendum are the Landlord, the Tenant, and Hardee's Restaurants LLC (or its affiliates, collectively referred to as "HR"). The Lease Addendum modifies the original lease agreement between the Landlord and Tenant to incorporate provisions required by the Hardees Franchise Agreement.
The Tenant, who is the Hardees franchisee, will operate the restaurant on the property leased from the Landlord. The lease is contingent upon the Tenant entering into a Franchise Agreement with Hardees. The Lease Addendum ensures that the lease contains specific provisions that align with the requirements of the Franchise Agreement.
Hardees is considered a third-party beneficiary of the Lease Addendum, which means Hardees has specific rights and can enforce certain provisions outlined in the addendum. For example, Hardees has the right to enter the premises to make modifications or alterations to protect the Hardee's Restaurant System and Proprietary Marks, and to cure any Tenant default under the lease. Hardees also has the option to take an assignment of the Tenant's rights and obligations under the lease upon the expiration or termination of the Lease or Franchise Agreement.
Both the Landlord and the Tenant are required to provide Hardees with copies of all amendments, assignments, notices of default, and other relevant documents pertaining to the lease. This ensures that Hardees is kept informed of any changes or issues related to the lease and the premises. The Lease Addendum also specifies that the Tenant is solely responsible for all obligations, debts, and payments under the lease, and Hardees has no liability in that regard.