What responsibilities does Hardees NOT assume regarding an Authorized Site?
Hardees Franchise · 2025 FDDAnswer from 2025 FDD Document
HR assumes no liability or responsibility for: (1) evaluation of an Authorized Site's soil for hazardous substances; (2) inspection of any structure on the Authorized Site for asbestos or other toxic or hazardous materials; (3) compliance with the Americans with Disabilities Act ("ADA"); or (4) compliance with any other applicable law. It is Developer's sole responsibility to obtain satisfactory evidence and/or assurances that the Authorized Site (and any structures thereon) is free from environmental contamination and in compliance with the requirements of the ADA.
Source: Item 23 — Receipts (FDD pages 85–541)
What This Means (2025 FDD)
According to Hardees's 2025 Franchise Disclosure Document, Hardees does not assume liability or responsibility for several aspects of an Authorized Site. Specifically, Hardees is not responsible for evaluating the site's soil for hazardous substances, inspecting any structures for asbestos or other toxic materials, ensuring compliance with the Americans with Disabilities Act (ADA), or ensuring compliance with any other applicable law.
This means it is the developer's (franchisee's) sole responsibility to obtain satisfactory evidence and assurances that the site and any structures on it are free from environmental contamination and comply with ADA requirements. This places a significant burden on the franchisee to conduct thorough due diligence before committing to a specific location.
Prospective Hardees franchisees should be aware of these responsibilities and factor in the costs of environmental and ADA compliance assessments when evaluating potential sites. Failing to do so could result in unexpected expenses and legal liabilities down the road. It is common practice in the franchise industry for franchisees to bear the responsibility for ensuring site compliance with local, state, and federal regulations, but the specific scope of these responsibilities can vary, making it crucial to understand Hardees's specific requirements.