Which sections of the Hardees Franchise Agreement detail the maintenance, appearance, and remodeling requirements for the franchise?
Hardees Franchise · 2025 FDDAnswer from 2025 FDD Document
lly prescribed by HR and shall participate and/or request its customers to participate in any surveys performed by or on behalf of HR as HR may direct. Franchisee will reimburse HR for all costs related to the Franchised Restaurant associated with any and all of these inspections and related activities set forth above.
E. Delegation
HR has the right, from time to time, to delegate the performance of any portion or all of its obligations and duties under this Agreement to designees, including, but not limited to, HR's corporate parents, affiliates or agents or independent contractors with which HR has contracted to perform HR's obligations or duties.
13. PERFORMANCE STANDARDS AND UNIFORMITY OF OPERATION
Products sold and services performed under the Proprietary Marks have a reputation for quality. This reputation has been developed and maintained by HR, and it is of the utmost importance to HR, Franchisee and all other franchisees of HR that this reputation be maintained. In recognition of the mutual benefits that come from maintaining the reputation for quality enjoyed by the System, Franchisee covenants and agrees, with respect to the operation of the Franchised Restaurant, that Franchisee and its employees shall comply with all of the requirements of the System as set forth in the OPM or otherwise, and Franchisee additionally shall comply with the following:
A. Standards, Specifications and Procedures
Franchisee acknowledges that each and every detail of the appearance, layout, decor, services and operation of the Franchised Restaurant is important to HR and other Hardee's Restaurants. Franchisee agrees to cooperate with HR by maintaining these high standards in the operation of the Franchised Restaurant. Franchisee further agrees to comply with all System specifications, recipes, standards and operating procedures (whether contained in the OPM or any other written communication to Franchisee) relating to the interior and exterior appearance, function, cleanliness and operation of a Hardee's Restaurant, including, but not limited to: (1) type, quality, taste, weight, dimensions, ingredients, uniformity, manner of preparation, and sale of all food products and beverages sold at the Franchised Restaurant and all other products used in the packaging and sale of those products and beverages; (2) sales and marketing procedures and customer service; (3) advertising and promotional programs; (4) layout, decor and color scheme of the Franchised Restaurant; (5) appearance and dress of employees; (6) safety, maintenance, appearance, cleanliness, sanitation, standards of service, and operation of the Franchised Restaurant; (7) submission of requests for approval of brands of products, supplies and suppliers; (8) use and illumination of signs, posters, displays, standard formats and similar items; (9) identification of Franchisee as the owner of the Franchised Restaurant; (10) types of fixtures, furnishings, equipment, smallwares and packaging; and (11) the make, type, location and decibel level of any game, entertainment or vending machine. Mandatory specifications, brand standards and operating procedures, including upgraded or additional equipment, that HR prescribes from time to time in the OPM, or otherwise communicates to Franchisee in writing, shall constitute provisions of this Agreement as if fully set forth in this Agreement.
**B.
Source: Item 9 — Franchisee's Obligations (FDD pages 42–43)
What This Means (2025 FDD)
According to the 2025 Hardees Franchise Disclosure Document, several sections within the Franchise Agreement outline the requirements for maintenance, appearance, and remodeling of the franchised restaurant. Section A, titled "Standards, Specifications and Procedures," emphasizes the importance of maintaining high standards in all aspects of the restaurant's operation, including interior and exterior appearance, cleanliness, and overall function. This section states that franchisees must adhere to Hardees' system specifications and operating procedures, as detailed in the OPM (Operating Procedures Manual) or other written communications. These standards cover a wide range of elements, from food quality and marketing to the restaurant's layout, employee appearance, and signage.
Section F, "Upkeep of the Franchised Restaurant," further elaborates on the franchisee's responsibility to maintain the restaurant in first-class condition. This includes continuous operation and upkeep of all furniture, fixtures, equipment, signage, and the building itself, both interior and exterior. Franchisees are required to perform ongoing remodeling, redecorating, refurbishing, and repairs as needed. This section also specifies the need for prompt maintenance, repairs, and replacements as prescribed by Hardees, including periodic painting, parking lot resurfacing, roof repairs, and replacement of outdated items.
Additionally, the FDD states that franchisees cannot make any material alterations to the franchised restaurant that affect operations or the image of the system without prior written approval from Hardees. This requirement is deemed necessary to ensure continued public acceptance, effective competition, and to prevent deterioration or obsolescence of the restaurant. These combined sections of the Franchise Agreement ensure that all Hardees restaurants maintain a consistent brand image and quality, which is crucial for customer satisfaction and the overall success of the franchise system.