Does Hardees warrant that the licensed program or content will be uninterrupted or error-free?
Hardees Franchise · 2025 FDDAnswer from 2025 FDD Document
LICENSOR EXPRESSLY DISCLAIMS, AND LICENSEE HEREBY EXPRESSLY WAIVES, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF PERFORMANCE, FINANCIAL PERFORMANCE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LICENSOR DOES NOT WARRANT THAT THE LICENSED PROGRAM OR CONTENT WILL MEET LICENSEE'S REQUIREMENTS OR THAT THE OPERATION OF THE LICENSED PROGRAM OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ERRORS IN THE LICENSED PROGRAM OR CONTENT WILL BE CORRECTED. THE ENTIRE RISK OF THE QUALITY AND PERFORMANCE OF THE LICENSED PROGRAM AND CONTENT IS WITH LICENSEE. LICENSEE ACKNOWLEDGES AND AGREES THAT IT IS ACCEPTING THE LICENSED PROGRAM AND CONTENT IN ITS "AS IS" CONDITION. LICENSEE ACKNOWLEDGES THAT THE LICENSED PROGRAM OR CONTENT MAY BE SHUT DOWN OR UNAVAILABLE PERIODICALLY FOR MAINTENANCE, UPGRADES, CHANGES, ETC. LICENSOR MAKES NO REPRESENTATIONS REGARDING THE VENDOR.
Source: Item 23 — Receipts (FDD pages 85–541)
What This Means (2025 FDD)
According to Hardees' 2025 Franchise Disclosure Document, Hardees does not warrant that the licensed program or content will be uninterrupted or error-free. Hardees explicitly disclaims all warranties, both express and implied, regarding the licensed program and content provided to franchisees. This includes warranties of performance, financial performance, merchantability, and fitness for a particular purpose.
This means a franchisee cannot hold Hardees liable if the licensed program or content experiences interruptions, errors, or fails to meet specific requirements. The franchisee assumes the entire risk regarding the quality and performance of the licensed program and content, accepting it in an "AS IS" condition.
Furthermore, the FDD states that the licensed program or content may be shut down or unavailable periodically for maintenance, upgrades, or changes. This lack of warranty and the potential for interruptions are important considerations for prospective franchisees, as they could impact business operations and revenue generation. Franchisees should factor in potential downtime and the risk of errors when evaluating the Hardees franchise opportunity.