What is the required timeframe for a Hardees franchisee to notify HR in writing before the expected completion of construction or renovation and the issuance of a certificate of occupancy?
Hardees Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee shall notify HR in writing at least 30 days prior to the date Franchisee expects construction and/or renovation to be completed and a certificate of occupancy to be issued. If requested by HR, Franchisee shall submit a copy of the certificate of occupancy to HR. HR reserves the right, after receiving Franchisee's notice, to conduct a final inspection of the Franchised Restaurant and its premises to determine if Franchisee has complied with this Agreement. HR shall not be liable for delays or loss
occasioned by its inability to complete its investigation and to make a determination within this period. Franchisee shall not open the Franchised Restaurant for business without HR's express written authorization, which will not be granted unless Franchisee has satisfied the conditions contained in Section 5.
Source: Item 22 — Contracts (FDD page 85)
What This Means (2025 FDD)
According to Hardees's 2025 Franchise Disclosure Document, a franchisee must notify HR (Hardees Restaurants) in writing at least 30 days before the expected completion of construction or renovation and the issuance of a certificate of occupancy. This notification allows Hardees to conduct a final inspection of the restaurant to ensure compliance with the franchise agreement.
This 30-day notice is crucial for franchisees as it triggers Hardees's final inspection process. Hardees reserves the right to inspect the premises to determine if the franchisee has met all requirements outlined in the agreement. However, Hardees is not liable for any delays or losses resulting from their inability to complete the inspection and make a determination within this timeframe.
A Hardees franchisee cannot open the restaurant for business without express written authorization from HR. This authorization is only granted after the franchisee has satisfied all pre-opening conditions, including construction and renovation being substantially in accordance with the approved plans and state/local codes.