Under what condition is each provision of the Caring Transitions Hawaii Addendum effective?
Caring_Transitions Franchise · 2025 FDDAnswer from 2025 FDD Document
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- Each provision of this addendum is 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 is deemed to be inconsistent with any terms or conditions of the Franchise Agreement or any exhibit or attachment thereto, the terms of this addendum shall govern.
Source: Item 22 — CONTRACTS (FDD page 49)
What This Means (2025 FDD)
According to the 2025 Caring Transitions Franchise Disclosure Document, each provision within the Hawaii Addendum is effective only if the jurisdictional requirements of the Hawaii Franchise Investment Law are independently satisfied, irrespective of the addendum itself. This means that the specific legal conditions in Hawaii must be met for each part of the addendum to be valid.
Furthermore, the FDD states that if there are any inconsistencies between the addendum and the Franchise Agreement (or any related exhibits), the terms of the Hawaii Addendum will take precedence. This ensures that the franchisee's rights under Hawaii law are protected.
In practical terms, this means a prospective Caring Transitions franchisee in Hawaii should carefully review both the standard Franchise Agreement and the Hawaii Addendum with legal counsel to understand how the Hawaii Franchise Investment Law affects their rights and obligations. They should also confirm that all jurisdictional requirements are met to ensure the addendum's provisions are fully enforceable.