What proprietary items is the tenant permitted to remove from the premises at their own expense upon expiration or termination of the Hardees lease?
Hardees Franchise · 2025 FDDAnswer from 2025 FDD Document
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:
- 1. The effectiveness of the Lease is contingent upon Tenant's execution of the Franchise Agreement with HR within 30 days after the date of this Addendum.
- 2. Landlord consents to Tenant's use of the proprietary signs, distinctive exterior and interior designs, colors and layouts, and the trademarks prescribed by HR (collectively, "Proprietary Marks"), and upon expiration or the earlier termination of the Lease, consents to permit Tenant, at Tenant's expense, to remove all such items and other trade fixtures, so long as Tenant makes repairs to the Premises caused by such removal.
- 3. Landlord and Tenant each agrees to provide HR (at the same time as sent to the other party) a copy of all amendments, assignments, any notices of default, option and refusal rights notices and any other material documents or correspondence or notices pertaining to the Lease and the Premises, including without limitation, tenant estoppel certificates and subordination agreements. HR's mailing address, until further notice, for this purpose is Attention: Franchise Legal Team, 6700 Tower Circle, Suite 1000, Franklin, TN 37067.
- 4. Following reasonable notice to Landlord, HR shall have the right to enter the Premises to make any modifications or alterations necessary to protect the "Hardee's Restaurant System" and the Proprietary Marks and to cure any Tenant default under the Lease within the time periods provided by the Lease, and charge Tenant for all costs incurred in making such modifications or alterations and for curing any such default, all without being guilty of trespass or other tort.
- 5. Landlord agrees that Tenant, and not HR, shall be solely responsible for all obligations, debts and payments under the Lease and that HR shall have no liability in that regard.
- 6. Landlord agrees that, following the expiration or earlier termination of the Lease or the Franchise Agreement, Tenant shall have the right to make those alterations and modifications (including removal and demolition of improvements installed by Tenant or HR if necessary) to the Premises or any part thereof as may be necessary to clearly distinguish to the public the Premises from a Hardee's Restaurant and also to make those specific additional changes as HR reasonably may require for that purpose. This includes, but is not limited to, removal of all Proprietary Marks. Landlord further agrees that, if Tenant fails to promptly make the necessary alterations and modifications, HR shall have the right to do so without being guilty of trespass or other tort so long as HR makes repairs to the building caused by such removal.
Source: Item 23 — Receipts (FDD pages 85–541)
What This Means (2025 FDD)
According to Hardees's 2025 Franchise Disclosure Document, upon the expiration or termination of the lease, the tenant is permitted to remove specific items from the premises at their own expense. The landlord consents to the tenant removing all proprietary signs, distinctive exterior and interior designs, colors and layouts, and the trademarks prescribed by Hardee's Restaurants LLC (HR), collectively known as "Proprietary Marks." The tenant can also remove other trade fixtures. However, the tenant is responsible for repairing any damage caused to the premises as a result of these removals.
Additionally, the tenant has the right to make alterations and modifications to the premises to clearly distinguish it from a Hardee's Restaurant after the lease or franchise agreement terminates. This includes the removal of all Proprietary Marks and any other changes reasonably required by HR for this purpose. If the tenant fails to promptly make these necessary alterations and modifications, HR has the right to do so, provided they repair any damage to the building caused by the removal.
This arrangement ensures that the Hardees brand and image are protected even after a franchise location closes or the lease expires. It also clarifies the responsibilities of both the tenant and HR regarding the removal of proprietary items and the alteration of the premises to avoid confusion with the Hardees brand.