Does the Azal Coffee franchise agreement addendum for Hawaii define the term 'Franchisor'?
Azal_Coffee Franchise · 2024 FDDAnswer from 2024 FDD Document
The following is in addition to the disclosure in Item 8 of the Franchise Disclosure Document:
The requirement for you to purchase products from us or some other entity as we designate in writing, may be unlawful under Hawaii Law. If, and to the extent, that requirement is found to be unlawful, that requirement will be void (to the extent unlawful) and you must purchase those products from approved suppliers.
- The following is in addition to the disclosure in Item 17 of the Franchise Disclosure Document:
Any release signed by you as a condition of renewal or transfer will not exclude claims you may have under the Hawaii Investment Law
Source: Item 23 — RECEIPTS (FDD pages 51–204)
What This Means (2024 FDD)
The 2024 Azal Coffee Franchise Disclosure Document (FDD) does not explicitly define the term "Franchisor" within the Hawaii-specific addendum. However, the document includes an acknowledgement receipt that refers to the Franchisor and its role in protecting confidential information, systems, and the brand. This receipt also states that the Franchisor is not the employee's direct or indirect employer but has rights to enforce the agreement.
While the term "Franchisor" isn't formally defined in the Hawaii addendum, its usage throughout the document implies a clear understanding of its meaning. The document outlines the Franchisor's rights and interests, particularly concerning confidential information and brand protection. The employee acknowledges that the Franchisor is a third-party beneficiary of the agreement and can independently enforce its provisions.
Prospective Azal Coffee franchisees in Hawaii should be aware that while the term "Franchisor" is not explicitly defined, the document clearly outlines the Franchisor's role and rights. For absolute clarity, a prospective franchisee may want to seek clarification from Azal Coffee regarding their definition of "Franchisor" and how it applies to the franchise agreement in Hawaii.