Under the Hardees Development Agreement, does HR provide any warranties or guarantees upon which the Developer may rely when HR provides a waiver, approval, consent, or suggestion?

According to Hardees's 2025 Franchise Disclosure Document, Hardees makes no warranties or guarantees upon which a developer may rely when Hardees provides any waiver, approval, consent, or suggestion to the developer in connection with the Development Agreement. Hardees also assumes no liability or obligation to the developer for providing any waiver, approval, consent, or suggestion, or by reason of any neglect, delay, or denial of any request for these items.

This means that as a prospective Hardees developer, you cannot hold Hardees liable for any losses or damages you incur as a result of relying on their waivers, approvals, consents, or suggestions. This includes any financial losses, lost profits, or other damages. It is important to conduct your own due diligence and not solely rely on Hardees's input when making decisions about your Hardees franchise development.

This lack of warranty is a significant risk factor for potential Hardees developers. It is essential to carefully consider this provision and seek legal counsel to fully understand the implications before entering into a Development Agreement with Hardees. Franchisees should be prepared to take full responsibility for their business decisions, even if they followed Hardees's suggestions or received their approval.