Does Hardees have any restrictions on where they may advertise or solicit customers, even within my Development Territory?
Hardees Franchise · 2025 FDDAnswer from 2025 FDD Document
| Par-Baked Biscuits | 1108 |
|---|---|
| 1200 - 1205: Hand-Breaded Chicken | |
| Breading | 1200 |
| Hand-Breaded Chicken | 1201 |
| Buttermilk | |
| Egg Wash Preparation | |
| Hand-Breaded Chicken Tender Boxes (10-, 15- & 20-Piece) | |
| 1302: Desserts | |
| Apple Turnovers | 1302 |
| 1400 - 1405: Mobile Ordering | |
| Mobile Ordering | 1401 |
| Loyalty - MyRewards™ | |
| Mobile Order Training | 1403 |
OLO Dashboard ....................................
ITEM 12
TERRITORY
Development Agreement
You will not receive an exclusive territory under the Development Agreement. You may face competition from other franchisees, from outlets that we own, or from other channels of distribution or competitive brands that we control.
There are no restrictions on the areas in which you may advertise or solicit customers for your Franchised Restaurants; however, see Item 13 for internet restrictions. We reserve all rights to use and license the Hardee's System, and the Proprietary Marks other than those that we expressly grant you. There are no restrictions on the areas in which we may advertise or solicit customers, nor must we compensate you for soliciting or accepting orders from inside the Development Territory. The rights we reserve include the right to use any other channel of distribution, including the internet, to make sales in the Development Territory using the Proprietary Marks or different proprietary marks.
Franchise Agreement
You will not receive any exclusive territory under the Franchise Agreement. You may face competition from other franchisees, from outlets that we own and/or operate, or from other channels of distribution or competitive brands that we control. You do not receive any right under the Franchise Agreement to develop additional Franchised Restaurants. Our prior written consent is required before you relocate the Franchised Restaurant. If your right to possession of the Franchise Restaurant premises is lost through no act or failure to act on your part, you may relocate the Franchised Restaurant if: (1) we accept the new location; (2) you construct and equip a Franchised Restaurant at the new location in accordance with the then-current System standards and specifications;
Source: Item 12 — Territory (FDD pages 57–59)
What This Means (2025 FDD)
According to Hardees's 2025 Franchise Disclosure Document, under the Development Agreement, there are generally no restrictions on where a franchisee may advertise or solicit customers for their Franchised Restaurants. However, Item 13 of the FDD contains information about internet restrictions that may apply. Hardees retains all rights to use and license the Hardee's System and Proprietary Marks, except for those expressly granted to the franchisee. Hardees is also not obligated to compensate the franchisee for soliciting or accepting orders from within the Development Territory. Hardees reserves the right to use any distribution channel, including the internet, to make sales in the Development Territory using the Proprietary Marks or different proprietary marks.
Under the Franchise Agreement, Hardees does not impose geographic restrictions on a franchisee's ability to solicit customers, but again, Item 13 contains information about internet restrictions. However, franchisees may only sell or distribute products identified by the Proprietary Marks from the Franchised Location and may not use any other method or channel of distribution. Franchisees must also participate in any online ordering and delivery programs that Hardees designates and comply with the terms and conditions of those programs, including any geographic or other delivery restrictions.
Hardees also retains all rights to use and license the Hardee's System and the Proprietary Marks, other than those expressly granted to the franchisee, and reserves the right to merchandise and distribute goods and services identified by the Proprietary Marks through any method or channel of distribution, including the internet. Franchisees should carefully review Item 13 of the FDD to understand the specific internet restrictions that may apply to their advertising and solicitation activities. Additionally, franchisees should be aware that Hardees's affiliates and their franchisees may solicit and accept orders from customers near the franchisee's business, and Hardees has no obligation to resolve any perceived conflicts that might arise.