Under what conditions is the Addendum to the Development Agreement for Hardees executed?
Hardees Franchise · 2025 FDDAnswer from 2025 FDD Document
| 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. |
Source: Item 20 — OUTLETS AND FRANCHISEE INFORMATION (FDD pages 71–84)
What This Means (2025 FDD)
According to Hardees' 2025 Franchise Disclosure Document, the Addendum to the Hardee's Restaurant Development Agreement is executed simultaneously with the Development Agreement. This addendum becomes an integral part of the Development Agreement.
The addendum is required under specific conditions related to the location and residency of the developer. Specifically, the addendum is executed if (A) the offer or sale of a franchise to the Developer was made in a particular state (e.g., South Dakota, California, Minnesota, or Illinois); (B) the Developer is a resident of that state; and/or (C) part or all of the Development Territory is located in that state.
It's important to note that the specific provisions within the addendum can vary by state. For example, the addendum for California franchisees includes a waiver of rights under Section 1542 of the California Civil Code, while the addendum for Minnesota franchisees addresses financial assurances and liabilities under Minnesota Statutes. Similarly, addenda for North Dakota, Illinois, and Washington franchisees include specific modifications or clarifications to the Development Agreement to comply with state laws.