What section of the Boulder Designs Franchise Agreement is amended by the Hawaii-specific amendment?

According to the 2025 Boulder Designs Franchise Disclosure Document, the Hawaii-specific amendment modifies specific sections of the standard franchise agreement. Specifically, Section 3.1 of the Franchise Agreement is amended to address the payment of Initial Franchise Fees. The amendment stipulates that the payment of these fees will be deferred until Boulder Designs has fulfilled its initial obligations to the franchisee, and the franchisee has commenced business operations.

Additionally, the Hawaii amendment stipulates the deletion of Article 24 in its entirety. Furthermore, Exhibit 5 to the Franchise Agreement is removed completely. These changes indicate that certain clauses or conditions present in the standard Boulder Designs franchise agreement are deemed inappropriate or non-compliant with Hawaii state laws, necessitating their removal or modification for franchisees operating in Hawaii.

Finally, the Hawaii amendment declares that any provision within the franchise agreement, franchise disclosure document, or any related document that disclaims or denies certain protections for the franchisee is void and unenforceable. These protections include representations made by Boulder Designs, reliance by the franchisee on those representations or the FDD, and violations of applicable franchise laws. This ensures that franchisees in Hawaii have legal recourse and cannot be bound by clauses that waive their rights or protections under state law.