Upon termination or expiration of the Hardees franchise agreement, what must the franchisee immediately cease doing?
Hardees Franchise · 2025 FDDAnswer from 2025 FDD Document
22. OBLIGATIONS ON TERMINATION OR EXPIRATION
Upon termination or expiration of this Agreement:
A. Franchisee shall immediately cease operating the Franchised Restaurant.
B. Franchisee immediately shall pay HR and its affiliates all sums due and owing HR or its affiliates related to the Franchised Restaurant.
Source: Item 22 — Contracts (FDD page 85)
What This Means (2025 FDD)
According to Hardees's 2025 Franchise Disclosure Document, Item 22 outlines the franchisee's obligations upon termination or expiration of the franchise agreement. Specifically, the franchisee must immediately cease operating the Hardees restaurant. This means the franchisee can no longer use Hardees's branding, systems, or proprietary information to run a restaurant at the previously franchised location.
In addition to ceasing operations, the franchisee must also immediately pay Hardees and its affiliates all outstanding sums related to the franchised restaurant. This includes unpaid royalties, marketing contributions, and any other debts owed to Hardees. The prompt payment of these dues is a critical obligation, and failure to comply can result in further legal action.
Furthermore, the franchisee is required to promptly return Hardees's Operations Procedures Manual (OPM), any copies of the OPM, and all other materials and information furnished by Hardees. This includes deleting all electronic copies of these materials. The franchisee must also return all computer software, disks, tapes, and other electronic and magnetic storage media in good condition, with the exception of normal wear and tear. This ensures that Hardees's confidential and proprietary information is protected and not used by the former franchisee after the agreement ends.