Under what condition will the provisions of the Maryland Addendum be effective for a Hardees franchise?

According to the 2025 Hardees FDD, the provisions outlined in the Maryland Addendum are only effective if the jurisdictional requirements of the Maryland Franchise Registration and Disclosure Law are independently satisfied, regardless of the Addendum itself. This implies that the Addendum's clauses do not automatically apply simply by being included in the franchise agreement.

For a prospective Hardees franchisee in Maryland, this means carefully reviewing the Maryland Franchise Registration and Disclosure Law to ensure that their specific situation meets the legal requirements for the law to apply. The Addendum supplements the existing agreements but does not create jurisdiction where it wouldn't otherwise exist.

This conditionality protects Hardees by ensuring that the franchisor is only bound by the additional provisions of the Maryland Addendum when Maryland law properly applies. It also means that a Hardees franchisee cannot rely solely on the Addendum to invoke the protections of Maryland law if their circumstances do not independently meet the jurisdictional criteria. Franchisees should seek legal counsel to determine whether they meet the jurisdictional requirements.