conditional

Under the Hardees program incentives, what are the two conditions that will cause the termination of the addendum following written notice to the Franchisee?

Hardees Franchise · 2025 FDD

Answer from 2025 FDD Document

  • 3. Termination of Program Incentives. This Addendum and the Program will terminate following written notice to Franchisee if:
  • A. Franchisee fails to open the Franchised Restaurant on or before 120 days after the contractual opening date pursuant to the terms of the Franchisee's Development Agreement; or
  • B. Franchisee or any affiliate of Franchisee receives, during the first three years of operation of the Franchised Restaurant under the Franchise Agreement, a written notice of default under any agreement between Franchisee or any affiliate of Franchisee and HR or any affiliate of HR and fails to cure the default within the applicable cure period, if any.

Source: Item 22 — Contracts (FDD page 85)

What This Means (2025 FDD)

According to Hardees's 2025 Franchise Disclosure Document, the Travel Center Development Incentive Program addendum can be terminated under specific conditions. The addendum and the program incentives will end if Hardees provides written notice to the franchisee under the following circumstances.

First, the addendum will terminate if the franchisee fails to open the franchised restaurant on or before 120 days after the contractual opening date, as outlined in the Development Agreement. This condition emphasizes the importance of adhering to the agreed-upon timeline for opening the restaurant. Missing this deadline can result in the loss of the incentives provided under the Travel Center Program.

Second, the addendum will terminate if the franchisee or any of their affiliates receives a written notice of default during the first three years of the restaurant's operation. This default must be related to any agreement between the franchisee (or their affiliate) and Hardees (or its affiliates). Furthermore, the franchisee must fail to cure this default within the applicable cure period, if one is provided. This condition highlights the need for franchisees to maintain compliance with all agreements and address any defaults promptly to avoid losing the program incentives.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.