What is the geographic limit of the Hawaii Franchise Agreement Amendment for Bee Organized?
Bee_Organized Franchise · 2025 FDDAnswer from 2025 FDD Document
Amendments to the Bee Organized Franchise Agreement:
In recognition of the requirements of the Hawaii Franchise Investment Law, the undersigned agree to the following modifications to Bee Organized Enterprises, LLC Franchise Agreement (the "Franchise Agreement"), as follows:
- Sub-Article 14.C.(6). Sub-article 14.C.(6), under the Article section titled "Conditions for Approval of Transfer," is supplemented by the addition of the following language:
; provided, however, that all rights enjoyed by Franchisee and any causes of action arising in Franchisee's favor from the provisions of the Hawaii Franchise Investment Law, shall remain in force; it being the intent of this provision that the non-waiver provisions of the Hawaii Franchise Investment Law be satisfied; and
The Hawaii Franchise Investment Law provides rights to the franchisee concerning non-renewal, termination and transfer of the Franchise Agreement. If this Sub-article contains a provision that is inconsistent with the Hawaii Franchise Investment Law, the Hawaii Franchise Investment Law will control.
- Sub-Article 15.B.(8). Sub-article 15.B.(8), under the Article section titled "Conditions for Renewal," is supplemented by the addition of the following:
; provided, however, that all rights enjoyed by Franchisee and any causes of action arising in Franchisee's favor from the provisions of the Hawaii Franchise Investment Law, shall remain in force; it being the intent of this provision that the non-waiver provisions of the Hawaii Franchise Investment Law be satisfied; and
The Hawaii Franchise Investment Law provides rights to the franchisee concerning non-renewal, termination and transfer of the Franchise Agreement. If this subarticle contains a provision that is inconsistent with the Hawaii Franchise Investment Law, the Hawaii Franchise Investment Law will control.
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- Each provision of this amendment shall be effective only to the extent, with respect to such provision, that the jurisdictional requirements of the Hawaii Franchise Investment Law are met independently without reference to this amendment.
- 4**.** No statement, questionnaire or acknowledgement signed or agreed to by a franchisee in connection with the commencement of the franchise relationship shall have the effect of: (i) waiving any claims under any applicable state franchise law, including fraud in the inducement, or (ii) disclaiming reliance on any statement made by any franchisor, franchise seller, or other person acting on behalf of the franchisor. This provision supersedes any other term of any document executed in connection with the franchise.
[SIGNATURE PAGE TO FOLLOW]
IN WITNESS WHEREOF, the parties have duly executed and delivered this Hawaii State amendment to Bee Organized Enterprises, LLC Franchise Agreement on the same date as the Franchise Agreement was executed.
Source: Item 23 — RECEIPTS (FDD pages 54–218)
What This Means (2025 FDD)
The 2025 Bee Organized Franchise Disclosure Document includes an amendment specific to Hawaii, but it does not explicitly define the geographic boundaries of a Bee Organized franchise within the state. The amendment primarily addresses compliance with the Hawaii Franchise Investment Law, focusing on franchisee rights concerning non-renewal, termination, and transfer of the Franchise Agreement. It ensures that the Hawaii Franchise Investment Law takes precedence over any conflicting provisions in the standard Bee Organized Franchise Agreement.
While the amendment highlights the importance of adhering to Hawaii's franchise laws, it does not specify the geographic area covered by a franchise. Instead, it focuses on legal protections for franchisees operating in Hawaii, ensuring that they are not subject to terms that waive their rights under state law. This is a common practice in franchise agreements to account for state-specific regulations.
To determine the specific geographic limits for a Bee Organized franchise in Hawaii, a prospective franchisee should refer to Schedule 1 of the Franchise Agreement, which typically outlines the Operating Territory. If Schedule 1 does not provide a clear designation, the franchisee should seek clarification from Bee Organized regarding how the territory will be determined. It is important to understand the defined territory to assess the market potential and operational scope of the franchise.