Under what circumstances is the Addendum to the Development Agreement executed for a Hardees franchise?
Hardees Franchise · 2025 FDDAnswer from 2025 FDD Document
g fraud in the inducement, or (ii) disclaiming reliance on any statement made by any franchisor, franchise seller, or other person acting on behalf of the franchisor. This provision supersedes any other term of any document executed in connection with the franchise.
- 13. Any capitalized terms that are not defined in this Addendum shall have the meaning given them in the Franchise Agreement.
HR:
HARDEE'S RESTAURANTS LLC Print Name: Danell Caron Vice President, Legal Print Name:
ADDENDUM TO THE HARDEE'S RESTAURANT FRANCHISE DISCLOSURE DOCUMENT REQUIRED FOR SOUTH DAKOTA FRANCHISEES
Items 5 and 7, Additional Disclosures. The following statement is added to Items 5 and 7:
We will defer collection of the Initial Franchise Fees until such time as we have fulfilled our pre-opening obligations to you and you have opened your Restaurant.
ADDENDUM TO THE HARDEE'S RESTAURANT DEVELOPMENT AGREEMENT REQUIRED FOR SOUTH DAKOTA FRANCHISEES
This Addendum to the between Hardee's Hardee's Restaurant Restaurants Development LLC Agreement ("HR") dated and execution of the Development Agreement. ("Developer") is entered into simultaneously with the 1. South Dakota. 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 South Dakota; (B) Developer is a resident of the State of South Dakota; and/or (C) part or all of the Development Territory is located in the State of 2. The following sentence is added to the end of Section 4: We will defer collection of the Development Fee until such time as we have fulfilled our pre opening obligations to you and you have opened your first Restaurant. 3. the Development Agreement. Any capitalized terms that are not defined in this Addendum shall have the meaning given them in 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 SOUTH DAKOTA FRANCHISEES
This Addendum to the between Hardee's Restaurant Hardee's Franchise Restaurants LLC Agreement ("HR") dated and Franchise Agreement. ("Franchisee") is entered into simultaneously with the execution of the 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 South Dakota; (B) Franchisee is a resident of the State of South Dakota; and/or (C) the Franchised Restaurant will be located or operated in the State of South Dakota. 2. The following sentence is added to the end of Section 3.A.: opening obligations to you and you have opened your Restaurant. We will defer collection of the Initial Franchise Fee until such time as we have fulfilled our pre 3. Franchise Agreement.
Source: Item 20 — OUTLETS AND FRANCHISEE INFORMATION (FDD pages 71–84)
What This Means (2025 FDD)
According to the 2025 Hardees Franchise Disclosure Document, an addendum to the Hardees Restaurant Development Agreement is required under specific circumstances related to the location and residency of the developer. The addendum is executed simultaneously with the Development Agreement.
Specifically, the addendum is required if (A) the offer or sale of a Hardees franchise to the developer was made in a particular state, such as South Dakota, California, Illinois, or Minnesota; (B) the developer is a resident of one of those states; and/or (C) part or all of the development territory is located in one of those states. This ensures that the Hardees franchise agreement complies with specific state laws and regulations.
These addenda modify specific sections of the Development Agreement to align with state-specific franchise laws. For example, the Illinois addendum stipulates that Illinois law governs the agreement, regardless of what the original agreement states. Similarly, the Minnesota addendum addresses financial assurances required by the Minnesota Department of Commerce and modifies termination and non-renewal notice periods to comply with Minnesota Statutes. These modifications ensure that Hardees franchisees receive the protections and rights mandated by their state's franchise laws.