Can Hardees restrict sales of menu items to certain time periods during the day?
Hardees Franchise · 2025 FDDAnswer from 2025 FDD Document
You must offer for sale and sell at the Franchised Restaurant all and only those products and services as are expressly authorized by us in the OPM or otherwise in writing. We have the right to change the menu items, ingredients, products, materials, supplies and paper goods or the standards and specifications of each and there are no limits on our ability to do so. You must promptly comply with the
new requirements. We also may restrict sales of menu items to certain time periods during the day. We do not limit the customers to whom you may sell goods or services. You must offer to customers online ordering and delivery services pursuant to online ordering/delivery programs that we may from time to time establish with approved vendors and comply with our specifications regarding same.
Source: Item 16 — Restrictions on What the Franchisee May Sell (FDD pages 63–64)
What This Means (2025 FDD)
According to Hardees's 2025 Franchise Disclosure Document, Hardees has the authority to restrict the sales of specific menu items to particular times of the day. This means that Hardees can dictate when certain products are available for sale at franchised restaurants.
For a prospective franchisee, this implies that they must adhere to Hardees's decisions regarding menu availability throughout the day. This could affect sales strategies and customer expectations, as certain popular items might not be available at all times. Franchisees need to stay informed about any changes to menu availability and adjust their operations accordingly.
This level of control is relatively common in franchising, as it allows Hardees to maintain brand consistency and optimize the menu based on consumer demand and operational efficiency. However, franchisees should be aware of these restrictions and factor them into their business planning. It is important to maintain open communication with Hardees to understand the rationale behind these decisions and how they might impact the profitability of the franchise.