What site selection assistance does Hardees provide to the Developer?
Hardees Franchise · 2025 FDDAnswer from 2025 FDD Document
B. Site Selection Assistance
HR will provide Developer with the following site selection assistance: (1) HR's site selection guidelines and, as Developer may request, a reasonable amount of consultation with respect thereto; and (2) such site evaluation as HR may deem advisable as part of its evaluation of Developer's request for site acceptance. Developer is solely responsible for conducting all such due diligence, investigation and validation with its own third party advisors with respect to a proposed site. HR's consent to a proposed site is simply for purposes of confirming that the site meets HR's then-current site selection criteria. Developer is solely responsible for conducting all such due diligence, investigation and validation with its own third party advisors with respect to a proposed site. HR's consent to a proposed site is simply for purposes of confirming that the site meets HR's then-current site selection criteria.
Source: Item 23 — Receipts (FDD pages 85–541)
What This Means (2025 FDD)
According to Hardees's 2025 Franchise Disclosure Document, Hardees offers site selection assistance to developers in two primary ways. First, Hardees provides its site selection guidelines and, if requested by the developer, a reasonable amount of consultation related to these guidelines. Second, Hardees will conduct site evaluations as it deems advisable when evaluating a developer's request for site acceptance. However, the developer is ultimately responsible for conducting their own due diligence, investigation, and validation of a proposed site using their own third-party advisors. Hardees's consent to a proposed site is simply to confirm that the site meets Hardees's current site selection criteria.
It is important to note that the developer assumes all costs, liabilities, and expenses related to locating, obtaining, and developing sites for franchised restaurants. The developer must not make any binding commitments to purchase or lease a site until Hardees has provided written acceptance of the site. If requested by Hardees, the developer must also submit a business plan outlining the actions they will take to ensure the development and management of the franchised restaurants align with Hardees's standards.
Hardees also has the right to delegate the performance of its obligations and duties under the Development Agreement to designees, including its corporate parents, affiliates, agents, or independent contractors. Furthermore, Hardees will provide the developer with one copy of the Development Guide, or electronic access to it, which contains mandatory specifications and standards for constructing Hardee's restaurants and information about the developer's obligations under the agreement. The developer must comply fully with these obligations and mandatory specifications, and keep their copy of the Development Guide current and up-to-date with all additions and deletions provided by Hardees.