What are the specific obligations of a Hardees franchisee regarding compliance with health and safety regulations (Item 9), and how does the franchisor's training and support (Item 11) help ensure compliance?
Hardees Franchise · 2025 FDDAnswer from 2025 FDD Document
mployees in the operation of the Franchised Restaurant.
Franchisee shall employ only suitable persons of good character and reputation who will at all times conduct themselves in a competent and courteous manner in accordance with the image and reputation of HR and the System and, while on duty, comply with the dress attire, personal appearance and hygiene standards set forth in the OPM. Franchisee shall use its best efforts to ensure that Franchisee's employees maintain a neat and clean appearance and render competent and courteous service to all customers and fellow employees of the Franchised Restaurant.
I. Signs and Logos
Subject to local ordinances, Franchisee shall prominently display in and upon the land and buildings of the Franchised Restaurant interior and exterior signs and logos using the name "Hardee's," without any prefix or suffix, and those other names, marks, advertising signs and logos, of such nature, form, color, number, location and size, and containing that material as HR may from time to time direct. Franchisee shall not display in or upon the Franchised Location any sign, logo or advertising media of any kind to which HR objects.
J. Amusement Equipment
Franchisee shall not permit at the Franchised Restaurant any juke box, vending or game machine, gum machine, game, ride, gambling or lottery device, coin or token operated machine, or any other music, film or video device not authorized by HR.
K. Compliance with Laws and Good Business Practices
Franchisee shall secure and maintain in force in its name all required licenses, permits and certificates relating to the operation of the Franchised Restaurant. It is Franchisee's sole and absolute obligation to research all applicable federal, state and local laws and regulations governing the operation of the Franchised Restaurant and to ensure that such operation does not violate any federal, state or local law or regulation. For example, there are various federal laws that could affect the Franchised Restaurant and Franchisee must comply with such as the American with Disabilities Act (ADA), the CAN-SPAM Act, the Telephone Consumer Protection Act (TCPA), the Telemarketing Sales Rule (TSR), and other federal and state anti-solicitation laws regulating marketing phone calls; and federal and state laws that regulate data security and privacy (including but not limited to the use, storage, transmission, and disposal of data regardless of media type). Franchisee must investigate these laws to understand your potential legal obligations. Further, Franchisee shall operate the Franchised Restaurant in full compliance with all applicable laws, ordinances and regulations governing or relating to the handling of food products, immigration and discrimination, occupational hazards and health insurance, employment laws, including, without limitation, worker's compensation insurance, unemployment insurance, and the withholding and payment of federal and state income taxes, social security taxes and sales taxes. All advertising and promotion by Franchisee shall be completely factual and shall conform to the highest standards of ethical advertising. Franchisee shall, in all dealings with Franchisee's customers, suppliers and the public, adhere to the highest standards of honesty, integrity, fair dealing and ethical conduct. Franchisee agrees to refrain
from any business or advertising practice that may be injurious to the goodwill associated with the Proprietary Marks or the business of HR, HR Affiliates, the System or other restaurants operated or franchised by HR or HR Affiliates.
Franchisee shall notify HR in writing within 5 days after the commencement of: (1) any action, suit or proceeding, or the issuance of any order, writ, injunction, award or decree of any court, agency or other governmental instrumentality, which may adversely affect the operation or financial condition of Franchisee or the Franchised Restaurant; or (2) of any notice of violation of any law, ordinance or regulation relating to health or sanitation at the Franchised Restaurant.
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What This Means (2025 FDD)
According to Hardees's 2025 Franchise Disclosure Document, franchisees bear the primary responsibility for adhering to all health and safety regulations. Hardees franchisees must secure and maintain all necessary licenses, permits, and certificates required to operate their franchised restaurant. This includes researching and complying with all applicable federal, state, and local laws and regulations, such as those related to food handling, workplace safety, and advertising standards. Franchisees must also maintain the highest applicable public health standard and rating, adhering to the Red Audit Policy for third-party food safety audits.
To support franchisees in meeting these obligations, Hardees provides several forms of training and assistance. The Franchise Management Training Program (FMTP) includes subjects related to the operation of a Hardees restaurant. Hardees also offers consultation and advice regarding the construction, renovation, and operation of the restaurant, including building layout, equipment plans, employee staffing and training, and purchasing and inventory control. Hardees will furnish prototypical plans and specifications for the restaurant, but it is the franchisee's responsibility to ensure these plans comply with all applicable codes and requirements.
Furthermore, Hardees requires franchisees to conduct initial and ongoing training programs for their employees to ensure they are properly trained in the operation of the restaurant. This includes food safety certification programs, for which franchisees must maintain certificates of completion and display them if required by law. Hardees also emphasizes compliance with system standards, specifications, and operating procedures related to cleanliness, sanitation, and the preparation and sale of food products. By providing these resources and training programs, Hardees aims to help franchisees maintain high standards of health, safety, and operational excellence.