For Beyond Juicery Eatery franchises in Hawaii, to what extent is the Addendum effective in relation to the jurisdictional requirements of the Hawaii Franchise Investment Law?
Beyond_Juicery_Eatery Franchise · 2025 FDDAnswer from 2025 FDD Document
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- In recognition of the requirements of the Hawaii Franchise Investment Law, Hawaii Revised Statutes, Title 26, Chapter 482E et. seq, the Franchise Agreement for BEYOND JUICERY + EATERY FRANCHISING, LLC is amended as follows:
- The Hawaii Franchise Investment Law provides you rights concerning nonrenewal, termination and transfer of the Franchise Agreement. If the Agreement, and more specifically Sections 13, 15 and 16 contain a provision that is inconsistent with the Hawaii Franchise Investment Law, the Hawaii Franchise Investment Law will control.
- Sections 13.02 and 16.09 require you to sign a general release as a condition of renewal or transfer of the Franchise. Such release shall exclude claims arising under the Hawaii Franchise Investment Law.
- Section 15.01, which terminates the Franchise Agreement upon your bankruptcy, may not be enforceable under federal bankruptcy law (11 USC Section 101, et. seq).
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- Each provision of this Addendum shall be effective only to the extent that the jurisdictional requirements of the Hawaii Franchise Investment Law are met independently of this Addendum. To the extent this Addendum shall be deemed to be inconsistent with any terms or conditions of said Franchise Agreement or exhibits or attachments thereto, the terms of this Addendum shall govern.
Source: Item 23 — RECEIPTS (FDD pages 60–337)
What This Means (2025 FDD)
According to Beyond Juicery Eatery's 2025 Franchise Disclosure Document, the addendum to the franchise agreement for Hawaii addresses the Hawaii Franchise Investment Law. The addendum acknowledges that the Hawaii Franchise Investment Law provides franchisees with certain rights regarding nonrenewal, termination, and transfer of the franchise agreement. If any provision in the franchise agreement, specifically Sections 13, 15, and 16, is inconsistent with this law, the Hawaii Franchise Investment Law will take precedence.
Specifically, the addendum addresses the requirement in Sections 13.02 and 16.09 for franchisees to sign a general release as a condition of renewal or transfer, clarifying that such release shall exclude claims arising under the Hawaii Franchise Investment Law. Additionally, Section 15.01, which allows for termination of the franchise agreement upon the franchisee's bankruptcy, may not be enforceable under federal bankruptcy law.
The addendum states that each provision within it is effective only to the extent that the jurisdictional requirements of the Hawaii Franchise Investment Law are independently met. In cases where the addendum is inconsistent with any terms or conditions of the franchise agreement or its exhibits, the terms of the addendum will govern, providing additional protection and clarity for the franchisee in accordance with Hawaii law.