factual

Which sections of the Hardees Franchise Agreement are modified by the Addendum?

Hardees Franchise · 2025 FDD

Answer from 2025 FDD Document

se which if known by him must have materially affected his settlement with the debtor." 3. Any capitalized terms that are not defined in this Addendum shall have the meaning given them in the Development Agreement. 4. Except as expressly modified by this Addendum, the Development Agreement remains unmodified and in full force and effect. HR: HARDEE'S RESTAURANTS LLC Print Name: Danell Caron Vice President, Legal DEVELOPER: Print Name: Date:

ADDENDUM TO THE HARDEE'S RESTAURANT FRANCHISE AGREEMENT REQUIRED FOR CALIFORNIA FRANCHISEES

This Addendum to the Hardee's Restaurant Franchise Agreement dated between Hardee's Restaurants LLC ("HR") and ("Franchisee") is entered into simultaneously with the execution of the Franchise Agreement. 1. The provisions of this Addendum form an integral part of, and are incorporated into the Franchise Agreement. This Addendum is being executed because: (A) the offer or sale of the franchise to Franchisee was made in the State of California; (B) Franchisee is a resident of the State of California; and/or (C) the Restaurant will be located or operated in the State of California. 2. The following sentences are added immediately before the last sentence of Section 16: Franchisee (on behalf of all Releasors) and all guarantors also expressly agree that, with respect to this release, any and all rights granted under Section 1542 of the California Civil Code are expressly waived. That Section reads as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release which if known by him must have materially affected his settlement with the debtor." 3. Any capitalized terms that are not defined in this Addendum shall have the meaning given them in the Franchise Agreement. 4. Except as expressly modified by this Addendum, the Franchise Agreement remains unmodified and in full force and effect. HR: HARDEE'S RESTAURANTS LLC Print Name: Danell Caron Vice President, Legal Print Name: Date:

ADDENDUM TO THE HARDEE'S RESTAURANT FRANCHISE DISCLOSURE DOCUMENT REQUIRED FOR ILLINOIS FRANCHISEES

Illinois law governs the Franchise Agreement.

In conformance with Section 4 of the Illinois Franchise Disclosure Act, 815 ILCS 705/1-44 (West 2016), any provision in a franchise agreement that designates jurisdiction or venue outside the State of Illinois is void. However, a franchise agreement may provide for arbitration to take place outside of Illinois.

Your rights upon termination and non-renewal are set forth in sections 19 and 20 of the Illinois Franchise Disclosure Act.

In conformance with Section 41 of the Illinois Franchise Disclosure Act, any condition, stipulation or provision purporting to bind any person acquiring any franchise to waive compliance with the Illinois Franchise Disclosure Act or any other law of Illinois is void.

ADDENDUM TO THE HARDEE'S RESTAURANT DEVELOPMENT AGREEMENT REQUIRED FOR ILLINOIS FRANCHISEES

This Addendum to the Hardee's Restaurant Development Agreement dated
between Hardee's Restaurants LLC ("HR") and
("Developer") is entered into simultaneously with the execution of
the Development Agreement.
  • 1. The provisions of this Addendum form an integral part of, and are incorporated into the Development Agreement. This Addendum is being executed because: (A) the offer or sale of a franchise to Developer was made in the State of Illinois; (B) Developer is a resident of the State of Illinois; and/or (C) part or all of the Development Territory is located in the State of Illinois.
  • 2. The following sentence is added to the end of Section 22.A.:

Notwithstanding the foregoing, Illinois law shall govern this Agreement.

3. The following sentence is added to the end of Section 22.B.:

Section 4 of the Illinois Franchise Disclosure Act provides that any provision in a franchise agreement which designates jurisdiction or venue in a forum outside of Illinois is void with respect to any cause of action which otherwise is enforceable in Illinois.

4. The following sentence is added to the end of Section 22.C.:

Section 27 of the Illinois Franchise Disclosure Act provides that causes of action under the Act must be brought within the earlier of: 3 years after the violation, 1 year after the franchisee becomes aware of the underlying facts or circumstances, or 90 days after delivery to the franchisee of a written notice disclosing the violation.

  • 5. The provisions of this Addendum will be effective only to the extent that the jurisdictional requirements of the Illinois Franchise Disclosure Act are met independently of this Addendum.
  • 6. Any capitalized terms that are not defined in this Addendum shall have the meaning given them in the Development Agreement.
  • 7. Except as expressly modified by this Addendum, the Development Agreement remains unmodified and in full force and effect.

[Signatures on following page.]

HR: HARDEE'S RESTAURANTS LLC

Print Name: Danell Caron Vice President, Legal DEVELOPER: Print Name:

ADDENDUM TO THE HARDEE'S RESTAURANT FRANCHISE AGREEMENT REQUIRED FOR ILLINOIS FRANCHISEES

This Addendum to the Hardee's Restaurant Franchise Agreement dated
between Hardee's Restaurants LLC ("HR") and
("Franchisee") is entered into simultaneously
with the execution of the Franchise Agreement.
  • 1. The provisions of this Addendum form an integral part of, and are incorporated into the Franchise Agreement. This Addendum is being executed because: (A) the offer or sale of the franchise to Franchisee was made in the State of Illinois; (B) Franchisee is a resident of the State of Illinois; and/or (C) the Franchised Restaurant will be located or operated in the State of Illinois.
  • 2. The following sentence is added to the end of Section 27.A.:

Notwithstanding the foregoing, Illinois law shall govern this Agreement.

3. The following sentence is added to the end of Section 27.B.:

Section 4 of the Illinois Franchise Disclosure Act provides that any provision in a franchise agreement which designates jurisdiction or venue in a forum outside of Illinois is void with respect to any cause of action which otherwise is enforceable in Illinois.

4. The following sentence is added to the end of Section 27.C.:

Section 27 of the Illinois Franchise Disclosure Act provides that causes of action under the Act must be brought within the earlier of: 3 years of the violation, 1 year after the franchisee becomes aware of the underlying facts or circumstances or 90 days after delivery to the franchisee of a written notice disclosing the violation.

  • 5. The provisions of this Addendum will be effective only to the extent that the jurisdictional requirements of the Illinois Franchise Disclosure Act are met independently of this Addendum.
  • 6. Any capitalized terms that are not defined in this Addendum shall have the meaning given them in the Franchise Agreement.
  • 7. Except as expressly modified by this Addendum, the Franchise Agreement remains unmodified and in full force and effect.

[Signatures on following page.]

HR: HARDEE'S RESTAURANTS LLC

Print Name: Danell Caron Vice President, Legal Print Name:

ADDENDUM TO THE PRELIMINARY AGREEMENT REQUIRED FOR ILLINOIS APPLICANTS

This Addendum to the Preliminary Agreement dated between
Hardee's Restaurants LLC ("HR")
and
("Applicant") is entered into simultaneously with the execution of the Preliminary Agreement.
  • 1. The provisions of this Addendum form an integral part of, and are incorporated into the Preliminary Agreement.

Source: Item 20 — OUTLETS AND FRANCHISEE INFORMATION (FDD pages 71–84)

What This Means (2025 FDD)

According to Hardees's 2025 Franchise Disclosure Document, the specific sections of the Franchise Agreement that are modified by the addendum depend on the state in which the franchise is offered or sold. For California franchisees, a sentence is added to Section 16 of the Hardees Restaurant Franchise Agreement regarding the waiver of rights under Section 1542 of the California Civil Code. For South Dakota franchisees, a sentence is added to the end of Section 3.A concerning the deferral of the initial franchise fee until Hardees fulfills its pre-opening obligations. For Washington franchisees, the addendum modifies the franchise agreement, and in the event of conflicting laws, the Washington Franchise Investment Protection Act will prevail. RCW 19.100.180, the Franchisee Bill of Rights, may supersede provisions in the franchise agreement regarding the franchisee/franchisor relationship, including termination and renewal. For Illinois franchisees, an addendum modifies the agreement, adding sentences to the end of Sections 11.A, 11.B, and 11.C, addressing governing law, jurisdiction, venue, and causes of action under the Illinois Franchise Disclosure Act. For Minnesota franchisees, the addendum modifies sections 4, 10.B.(5), 11, 12.B.(12), and 13.A of the Development Agreement, addressing financial assurances, releases from liability, use of the Hardee's system, and termination/non-renewal notices.

These modifications are put in place to ensure compliance with state-specific franchise laws and regulations. Prospective Hardees franchisees should carefully review the addendum applicable to their state to understand how it alters the original Franchise Agreement. This is a common practice in franchising, as state laws often have specific requirements that must be incorporated into the franchise agreement.

It is important for potential franchisees to consult with a franchise attorney to fully understand the implications of these modifications and how they may affect their rights and obligations under the Hardees Franchise Agreement. The addenda highlight the importance of understanding state-specific franchise laws and how they can impact the franchise relationship.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.