Regarding the Hardees franchise agreement, does the execution of the agreement conflict with any other agreements the Developer or any person with ownership interest in the Developer is a party to?
Hardees Franchise · 2025 FDDAnswer from 2025 FDD Document
All information Developer provided to HR in connection with Developer's franchise application and HR's grant of the development rights is truthful, complete and accurate. The persons signing this Agreement on behalf of Developer have full authority to enter into this Agreement and the other agreements contemplated by the parties. Execution of this Agreement or such other agreements by Developer does not and will not conflict with or interfere with, directly or indirectly, intentionally or otherwise, with the terms of any other agreement with any other third party to which Developer or any person with an ownership interest in Developer is a party.
Source: Item 23 — Receipts (FDD pages 85–541)
What This Means (2025 FDD)
According to Hardees's 2025 Franchise Disclosure Document, the developer confirms that entering into the Hardees franchise agreement will not violate any existing agreements. The franchise agreement states that all information provided by the developer to Hardees during the franchise application process is truthful, complete, and accurate. Furthermore, the individuals signing the agreement on behalf of the developer have the full authority to do so.
Specifically, the agreement emphasizes that the execution of the Hardees agreement by the developer does not and will not conflict with or interfere with the terms of any other agreement with any third party to which the developer or any person with an ownership interest in the developer is a party. This provision aims to ensure that the developer is free to enter into the franchise agreement without legal complications arising from prior commitments.
This clause protects Hardees by ensuring that the developer is not encumbered by conflicting obligations that could hinder their ability to fulfill the terms of the franchise agreement. For a prospective franchisee, this confirms that Hardees requires assurance that franchisees are not in breach of other agreements when signing the franchise agreement.