Under what conditions is the Addendum an integral part of the Hardees Franchise Agreement?
Hardees Franchise · 2025 FDDAnswer from 2025 FDD Document
This Addendum to the Hardee's Restaurant Franchise Agreement dated between Hardee's Restaurants LLC ("HR") and ("Franchisee") is entered into simultaneously with the execution of the Franchise Agreement. 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 California; (B) Franchisee is a resident of the State of California; and/or (C) the Restaurant will be located or operated in the State of California.
Source: Item 20 — OUTLETS AND FRANCHISEE INFORMATION (FDD pages 71–84)
What This Means (2025 FDD)
According to Hardees's 2025 Franchise Disclosure Document, the addendum to the Hardee's Restaurant Franchise Agreement becomes an integral part of the agreement under specific conditions related to the franchisee's or the restaurant's location. For California, South Dakota, Illinois, Minnesota and Washington, the addendum is integral if the offer or sale of the franchise was made in that state, if the franchisee is a resident of that state, or if the restaurant will be located or operated in that state.
This means that prospective Hardees franchisees need to pay close attention to which addendum applies to their specific situation. The addendum modifies the franchise agreement and includes state-specific legal provisions. For example, the California addendum includes a waiver of rights under Section 1542 of the California Civil Code, while the Illinois addendum addresses jurisdiction and venue.
The inclusion of these addenda ensures that the Hardees franchise agreement complies with the franchise laws of various states. Franchisees should carefully review the addendum applicable to their state of residence or the location of their restaurant to understand their rights and obligations under the franchise agreement, as these may differ from the standard agreement.