factual

What must a prospective Hardees franchisee submit for a proposed site, if requested by Hardees?

Hardees Franchise · 2025 FDD

Answer from 2025 FDD Document

For each proposed site for a Franchised Restaurant, you will, if requested by us, submit a Franchise Site Application to us. In addition, you may have to submit a complete real estate package (containing that information as we may reasonably require) for a proposed site that you reasonably believe conforms to our then-current site selection criteria for demographic characteristics, traffic patterns, parking, character of the neighborhood, competition from other businesses in the area, the proximity to other businesses (including restaurants operated or franchised by HR or its affiliates), the nature of other businesses in proximity to the site and other commercial characteristics (including the purchase price, rental obligations and other lease terms for the proposed site) and the size, appearance, other physical characteristics and a site plan of the premises. Within 30 days after our receipt of these documents and any information that we may require, we will advise you in writing 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. Our acceptance or refusal to accept a site may be subject to reasonable conditions as determined in our sole discretion.

We may refuse to accept a site for a proposed Franchised Restaurant unless you demonstrate sufficient financial and growth ready capabilities and, in our sole judgment, applying standards consistent with criteria we use to establish Hardee's Restaurants in other comparable market areas, to properly develop, operate and maintain the Franchised Restaurant. Therefore, you also must furnish us with financial statements and other information regarding you and the development and operation of the proposed Franchised Restaurant, including, without limitation, investment and financing plans for the proposed Franchised Restaurant as we reasonably may require.

Source: Item 11 — Franchisor's Assistance, Advertising, Computer Systems, and Training (FDD pages 44–57)

What This Means (2025 FDD)

According to Hardees's 2025 Franchise Disclosure Document, for each proposed restaurant site, Hardees may request that the franchisee submit a Franchise Site Application. In addition to the application, Hardees may require a complete real estate package.

The real estate package should contain information that Hardees reasonably requires, such as demographic characteristics, traffic patterns, parking availability, the character of the neighborhood, and competition from other businesses. The package should also include the proximity to other businesses, including restaurants operated or franchised by Hardees or its affiliates, the nature of other businesses near the site, and other commercial characteristics. This includes the purchase price, rental obligations, other lease terms, the size and appearance of the premises, other physical characteristics, and a site plan.

Hardees will advise the franchisee in writing whether it has accepted a particular site within 30 days after receiving all required documents and information. However, Hardees has no obligation to review any development proposal if the franchisee or its affiliates are not in full compliance with all agreements. If Hardees does not respond within that time, the site will be deemed not accepted. Hardees may refuse to accept a site unless the franchisee demonstrates sufficient financial and growth-ready capabilities to properly develop, operate, and maintain the restaurant, applying standards consistent with criteria Hardees uses in other comparable market areas. The franchisee must also furnish financial statements and other information regarding themselves and the development and operation of the proposed restaurant, including investment and financing plans.

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.