Does Hardees have the right to change the menu items for the franchised restaurant?
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.
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 retains the right to modify various aspects of the menu. Hardees has the authority to change the menu items, ingredients, products, materials, supplies, and paper goods, as well as their standards and specifications. There are no limits on Hardees's ability to make these changes. Franchisees are obligated to promptly implement these new requirements. Hardees also reserves the right to restrict the sales of certain menu items to specific time periods during the day.
This level of control allows Hardees to maintain brand consistency and adapt to market trends or supply chain changes. However, it also means that franchisees must be prepared to quickly adapt to changes in menu offerings and potentially invest in new equipment or training to accommodate these changes. Franchisees do not have the ability to deviate from the prescribed menu or offer unauthorized items.
For a prospective Hardees franchisee, this underscores the importance of flexibility and adaptability. While franchisees benefit from the established brand and system, they must also accept that Hardees has the final say on menu-related decisions. This is a common practice in franchising, where franchisors maintain control over key aspects of the brand to ensure uniformity and quality across all locations. Franchisees should ensure they have sufficient capital and operational agility to implement menu changes efficiently.