Under what conditions is each provision of the Amendment effective for a Burger King franchise?

According to Burger King's 2025 Franchise Disclosure Document, the effectiveness of each provision within the amendment to the franchise agreement is contingent upon meeting the jurisdictional requirements of the Hawaii Franchise Investment Law independently, without relying on the amendment itself. This condition applies specifically to Burger King franchises offered and sold in the State of Hawaii.

In practical terms, this means that for any of the amended terms to be valid and enforceable, they must separately comply with Hawaii's franchise regulations. The amendment cannot create compliance where it doesn't already exist under state law. This ensures that Burger King franchisees in Hawaii receive the full protection of Hawaii's franchise laws, regardless of any modifications made in the franchise agreement.

This requirement protects franchisees by ensuring that Burger King cannot use the amendment to circumvent Hawaii's franchise laws. Prospective franchisees should consult with legal counsel to ensure that each provision of the amendment independently meets the requirements of the Hawaii Franchise Investment Law. This will help them understand their rights and obligations under the franchise agreement and applicable state law.